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(영문) 서울중앙지방법원 2013.04.12 2013고단43
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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

1. Around December 6, 2012, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) committed intimidation with a deadly weapon by taking his/her attitude to the effect that he/she would inflict bodily harm on the victim’s body by taking advantage of the victim’s attitude at around 06:40 on December 6, 2012, that he/she was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually foreign

2. In order for the Defendant to speak at the above time and place, at the above time and place, the Defendant damaged the Defendant’s mother’s telephone defect, the Handphone, and the Defendant took the Handphone outside the above residence by cutting the Handphone, thereby damaging one LG options Handphone at the market price equivalent to KRW 900,000,000, which is the victim’s possession.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Excessive photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the punishment of crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of probation and community service order [decision of types] violent crimes, intimidation crimes, and Types 4 (Special Intimidation) [Scope of Recommendation] [Scope of Recommendation] - June - one year and 6 months (basic area] imprisonment for not less than six months (the scope of Recommendation revised] (a concurrent crimes between the crimes before and after adjustment according to the applicable sentence according to the law and the other crimes) / The decision of sentence] the defendant refuses the victim's request by the victim C at any time.

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