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(영문) 서울북부지방법원 2017.10.20 2017재고단11
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On September 3, 2014, the Defendant was sentenced to imprisonment with prison labor for 4 months, 16 hours’ order to complete a sexual assault treatment program at the Seoul Northern District Court, and the judgment became final and conclusive on January 29, 2015, for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

[Criminal facts]

1. Special intimidation Defendant: (a) around 07:20 on June 17, 2014, at the front parking lot of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, 200, the Defendant used a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife,

”라고 말하고, 배를 쿡쿡 찌르며 “ 눈알을 뽑아 버린다” 고 말하는 등 피해자를 협박하였다.

2. The Defendant damaged a special property by destroying the knife (a total length of 30 cm) with the knife, which is an object dangerous to the knife part of the knife part of the knife of the said victim’s knife and the back part of the knife of the knife, at the time, place, and

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigative report (as to photographing a victim or a damaged part of the property);

1. Previous convictions: References to criminal history, replys to criminal history, application of Acts and subordinate statutes to investigation reports (Attachment of related cases);

1. Relevant legal provisions concerning facts constituting an offense, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Articles 369(1), 366 (a), and 366 of the Criminal Act, and choice of imprisonment with labor for each type of crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing of Article 62-2 of the Criminal Act for the observation of protection and observation are as follows: (a) each of the crimes of this case committed by the Defendant, even though the Defendant was sentenced to a fine due to violent crimes, is not guilty.

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