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(영문) 서울서부지방법원 2013.07.24 2012고단2138
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 31, 2012, the Defendant, at around 04:13, at the Defendant’s residence located in Eunpyeong-gu Seoul underground No. C underground 2 of Eunpyeong-gu, sought a demand from the victim D (n, 27 years of age), who was dissatisfied with his female living together, and sought in the front door of the victim’s house, that “I open a door, me, this year, me, spawn, and spawn spath.” The Defendant’s entrance was cut off several times, which is a dangerous object that the victim would have failed to respond to the brupt, and threatened the victim by spreading the above entrance into a knife (10cm in the knife length) and the victim’s house shielded with a shock network that is flad with the victim’s house.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to seizure records and investigation reports (E statements, etc.);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The defendant's reason for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act does not seem to be a crime committed by threatening the victim's residence during one night, in light of the purpose and means of the crime, fear of the victim, etc. However, although the defendant did not actually inflict an injury on the victim, he/she led the defendant not to do so, made a confession of the crime and reflects the victim's depth through his/her prison life for a certain period of time, and there was no significant penalty power in the past, and other factors such as the defendant's age, career, family environment, degree of reflection, etc. are considered.

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