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(영문) 서울북부지방법원 2015.04.03 2015고단656
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized knobs (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The defendant is a couple between the victim D(n, 42 years of age) and the couple, and the defendant is using each other in his dwelling in Nowon-gu, Seoul, Nowon-gu, 8 Dong 1403, Dong 1403.

1. On February 6, 2015, the Defendant committed the crime of February 6, 2015, in the above apartment building, on the grounds that, around 06:00, the Defendant told the Defendant that he would report to the police the dangerous things ( approximately 15 cm in length, approximately 9 cm in the daily length) that he would have been in possession of, and threatened the victim by visiting the said hand, on the ground that he did not know the Defendant that he would report to the police the certificate necessary to receive the scholarship from his father.

2. On February 20, 2015, the Defendant committed the crime of February 20, 2015, on the ground that the victim did not open the door before the entrance of the above apartment, the Defendant threatened the victim by opening the door for about one hour on the ground that the victim did not open the door.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Police seizure records;

1. A report on investigation (general-shotos of seized articles) and photographs of grandchildren;

1. Reporting on investigation, submission of photographs, and application of the Acts and subordinate statutes;

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

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

1. On the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act, Type 1 crime [Scope of Recommendation] 4 (Habitual, Cumulative, and Special Intimidation) is a basic area (6 to 1.6 months) (special mitigation) of the basic area (6 to 1.6 months) of the crime (special mitigation) / The scope of Recommendation / The victim No.2 crime that is vulnerable to the crime [6 to 1.6 months] of the basic area (6 to 1.6 months) of the basic area (6 to 1.6 months) of the crime (the scope of Recommendation ] of Article 48(1)1 of the Confiscation Criminal Act.

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