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(영문) 서울동부지방법원 2015.08.12 2015고단1504
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 7, 2015, at around 12:30 on June 12, 2015, the Defendant collected food knife, which is a dangerous object that had been at home and in the middle of a dispute with the victim, and threatened the victim with the victim, in relation to the fact that the female-friendly victim sent a text message to another male and the mobile phone at the dwelling space of Songpa-gu Seoul and 401 victim C (n, 29 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes of photographic pictures taken by the suspect;

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 of the suspended sentence [Scope of Recommendation] The mitigated area (4 to 1 year) of the mitigated area (4 to 4 months), [Special Mitigation] of the mitigated area (4 to 1 year) of the suspended sentence (the scope of recommendation revised according to the scope of the suspended sentence] six months to one year (the lowest limit of the sentenced sentence) [the decision of the suspended sentence] of the suspended sentence, the victim does not want the punishment, and other consideration, such as the violation of the suspended sentence, the fact that the victim does not want the punishment;

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