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(영문) 서울동부지방법원 2015.06.10 2015고단49
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

At around 01:00 on January 3, 2015, the Defendant: (a) diversed the victim D (n, 43 years of age) in Songpa-gu Seoul, on the ground that the victim was her heeped; (b) the Defendant diversd the cosmetic, which is a dangerous object in the victim’s bank, and her laved with the victim, and threatened the victim with the sound “the kills as soon as she ends,” by taking the cosmetic hivers, which is a dangerous object in the victim’s bank.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records and photographs;

1. Application of Acts and subordinate statutes to report on investigation (to hear additional statements by a victim);

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Article 62(1) of the Criminal Act, the following circumstances are considered: (a) the scope of mitigation (4 to 1 year) (special mitigation) of the mitigated area (4 to 4 months); (b) the defendant is against the decision of sentence; (c) the victim does not want the punishment of the defendant; (d) the victim does not want such punishment; and (e) the details and circumstances after the crime are considered

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