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(영문) 서울동부지방법원 2015.09.09 2015고단1920
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 24, 2015, at the front of the "E" in Seongdong-gu Seoul Metropolitan Government, around 10:30 on June 24, 2015, the Defendant showed the attitude that the Defendant was able to inflict any harm on the life and body of the victim on the ground that the Victim G (the age of 62, South) was satisfying the Defendant, F and his body matched by the Defendant, but the Defendant was in a restaurant located on the first floor of the underground, with two kitchens of the kitchen, which is a dangerous weapon (the blade length of 20C, the knife, 12Cm).

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. On-site or photograph of deadly weapons;

1. Application of Acts and subordinate statutes to investigation reports (2 kitchens);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence of Article 62(1) of the Criminal Act is to be imposed in consideration of all the circumstances, including the following: (a) the area of mitigation [4-1 year] [Special Mitigation] and the area of mitigation [4-1 year] and the area of punishment [4-1 year] [decision of sentence] [1] and the victim does not want the punishment; (b) the crime committed by interesting in F and/orting it; (c) the degree of intimidation is minor; (d) the defendant was blick with F; and (e) the defendant was expected to have knifed with F.

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