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(영문) 서울동부지방법원 2014.11.12 2014고단2003
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 June 28, 2014, at least 19:00, the Defendant told the victim that he was able to take a bath on the front of the “Cmat” road located in Gangdong-gu Seoul, Gangdong-gu, Seoul, for the reason that he was able to take a bath from the victim D (the age of 47). The Defendant said that he would die the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to prosecutions and police statements concerning D;

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the probation [Scope of Recommendation] Article 62(1) of the Criminal Act: The following shall be taken into account: (a) the mitigated area (4 to 1 year) [Special Mitigation] [the scope of the punishment revised according to the scope of the punishment] [the scope of the punishment revised according to the scope of the punishment] six months to one year (the lowest limit of the sentence to be sentenced] [the decision of the punishment to be sentenced] [the decision of the punishment to be sentenced] committed by violence; (b) the victim is against the punishment; (c) the victim does not want the punishment; and (d) the victim does not have

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