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(영문) 서울중앙지방법원 2015.12.17 2015고단5622
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 May 24, 2015, at around 02:14, the Defendant threatened the victim E (33 years of age) (hereinafter “D”) who was in the next place while drinking meals while drinking at the “D” hall located in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City 102, with the following without any reason: “I am fright” without any reason: “I am bling or drinking me by taking a booming the victim’s desire to me, which is a dangerous object that was in the right-hand kitchen of the entrance, and then I am the victim with a knick, which is a dangerous object that was in the right-hand kitchen of the entrance.”

이에 피해자가 의자를 들고 방어를 하면서 주방으로 이동하자 피고인은 계속하여 들고 있던 위 식칼을 피고인 자신에 목에 겨누고 자신의 상의를 들쳐 올려 배를 긋는 시늉을 하면서 피해자를 협박하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F and G;

1. Deadly weapons and on-site photographs;

1. Application of the Act and subordinate statutes to the Investigation Report (CCTV);

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] - The area to be mitigated (4 to 1 year), the area to be mitigated (4 to 4 months), the area to be mitigated (4 to 1 year) [Special Intimidation] - The case where an agreement is reached with the victim [decision of sentence], the extent of damage to the victim, circumstances leading up to the occurrence of the crime, the defendant's criminal records, the defendant's age, character and conduct, environment, and circumstances after the crime, etc. shall be comprehensively considered, and the sentence shall be determined as per the Disposition.

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