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(영문) 서울남부지방법원 2013.06.19 2013고단1476
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six 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 April 6, 2013, at around 20:45, the Defendant threatened the victim by having the kitchen knife, which is a lethal weapon, in the part of the victim, with the knife of the knife, holding the knife on the part of the victim, while keeping the knife with the knife in the front part of the victim, on the ground that noise was serious, at the house of the victim B apartment 3 and 403 (the age of 39) in Guro-gu Seoul Metropolitan Government, and by having the knife on the part of the victim, on the ground that the noise was serious.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure, list of seizure and application of relevant 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that he/she acknowledges and reflects wrongs and the fact that he/she has no serious criminal record of the suspension of execution or more);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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