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(영문) 서울동부지방법원 2015.09.09 2015고단1917
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 May 13, 2015, around 13:30 on May 13, 2015, the Defendant observed that the victim D (50 years of age) who was a home captain at the entrance of Songpa-gu Seoul C apartment 1Ra had a dispute with the Defendant’s wife, who was moving to the son, due to the delivery of the substitute cargo, and was in the custody of the Defendant’s high seat in the driver’s seat receipt space of the vehicle for the vehicle at hand ( approximately 30 cm in total length, approximately 12 mm in length on the day, about 12 mm in length) and Da son died.

Interest and Interest

와. 어디 택배기사 새끼가 건방지게"라고 큰소리로 욕설을 하며 피해자를 향해 손도끼를 수회 휘두르다가 아파트 1호라인 자동 출입문의 기둥 샷시 부분을 2회, 출입문 벽면의 인테리어 나무를 1회 각 내려찍어 위협하고, 다시 피고인의 승용차로 가서 운전석 수납공간에 보관 중이던 위험한 물건인 삼단봉(총길이 50cm)을 손에 들고 피해자에게 다가가 욕설을 하면서 피해자에게 삼단봉을 수회 휘두르며 위협하였다.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

1. Application of three on-site photographs, eight photographs of the place of occurrence, and eight 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommending sentence] the mitigated area (4 to 1 year) of the mitigation area (4 to 4 months and 1 year) of the crime of intimidation [the scope of recommending punishment revised according to the scope of sentencing] [the scope of sentencing revised according to the scope of sentencing] the crime is not good in light of the contents of the crime, and the risk is high.

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