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(영문) 서울북부지방법원 2014.11.07 2014고단2253
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 13, 2014, around 15:20 on July 15:20, 2014, the Defendant threatened the victim by taking advantage of the following: (a) the victim’s husband’s purchase of the share in the “DV” operated by the victim C (the age of 52) in Seoul, Nowon-gu; (b) the victim’s husband’s husband’s offering of the share in drinking alcohol before the Schlage; (c) the kitchen knife (17cm in length, 4cm in width) and the kitchen knife (4cm in width) which is dangerous for the victim to enter a free meal room located adjacent to the said Schlage; and (d) the victim’s offering of the share in the said kitchen knife that “Is

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the provisions of Acts and subordinate statutes to kitchen photographs;

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 (i.e., the fact that the victim does not want the punishment in confession) ;

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