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(영문) 서울동부지방법원 2015.10.29 2015고단2521
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

From March 2015, the Defendant resided with the victim D (the age of 47) located in Gangdong-gu Seoul Metropolitan Government, living together with the victim and caused conflicts.

At around 00:50 on August 17, 2015, the Defendant: (a) heard the victim’s house that “at the time of aground to drink alcohol anywhere, regardless of living expenses or money; or (b) knife the victim’s knife, which is a deadly weapon in the main room ( approximately 37 cm in length, approximately 22 cm in the knife length), with the victim’s knife, showing and threatening the knife and the victim’s knife; (c) with a deadly weapon in the main room ( approximately 19 cm in total length, about 9 cm in knife, knife knife knife knife knife knife knife knife knife knif).”

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

1. Application of Acts and subordinate statutes to photographs knife pictures and computer books;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the fact that there is a previous conviction of a fine, the fact that the punishment is against the mistake, and the fact that the victim has agreed smoothly with the victim

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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

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