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(영문) 서울북부지방법원 2015.01.15 2014고단2851
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On July 13, 2014, the Defendant: (a) around 02:33, at the house of the victim D (Y, 54 years of age) who was a person living together with C in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) at the house of the victim, he did not know the victim’s reasons for the preceding day; (c) one monitor at the victim’s own market price of 200,000 won per the market price of 10,000 won per the market price; (d) one paint at the market price of 50,000 won per the market price; and (e) one wall at the wall of 80,000 won per the market price of 80,000 won per the market price; and (e) number of cosmetics at the market price of 100,000,000 won.

2. The Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) and at the same time and at the place specified in paragraph (1) for the said reasons, left the beer’s disease, which was placed in a ward for the said reasons, and then was frighted to a shoulderer, which is a dangerous object, and threatened the victim by carrying the beer’s disease, which is a dangerous object, by making the victim’s hand over to the left hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report on investigation (on-site appointment of a complaint case and receipt of photographs of damage);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles), and Article 366 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order is a threat to people by a shoulderer, which is a dangerous object, and the nature of the crime is grave, and thereby the physical and property damage of the victim is substantial.

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