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(영문) 서울남부지방법원 2014.11.27 2014고단3751
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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

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

Reasons

Punishment of the crime

On September 19, 2014, around 16:30 on September 16, 2014, the Defendant threatened the victim by having a deadly weapon (the length 25cm, No. 1) that was in the Defendant’s possession of (the length 38cm, No. 25cm, No. 2) and a net (the length 38cm, No. 2) that is dangerous things, while drinking alcohol on the Defendant’s side tables in front of D having been in Geumcheon-gu Seoul Metropolitan Government, and having a dispute arising.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on police seizure records;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (all circumstances, such as the confession of a crime and the misunderstanding of a mistake in this Act, the fact that the victim has agreed smoothly with the victim, and the fact that the victim has not suffered physical damage);

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

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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