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(영문) 서울동부지방법원 2015.08.27 2015고단1268
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for 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

At around 17:05 on May 1, 2015, the Defendant, while driving a cargo vehicle before the “D Hanwon” located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “D Hanwon”), was passing the vehicle without permission and was making the victim E(72 years of age), was punished by the victim and the Si expenses.

Since then, the Defendant, where the victim had come to throw away from the above 1st unit, saw a saw (the total length of 45 cm, 30 cm) which is a dangerous object in his own cargo vehicle, and saw it into the back part of the saw, and saw it into the above saw.

The Defendant discovered the victim within the above Council members and showed saw a saw to the victim and saw the victim, and showed the attitude of saw to harm the body of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of saw photographs and field photographs-related Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal circumstances, such as the fact that there is a previous conviction of a fine, the fact that there is a mistake in the punishment of a fine, and the fact that it is generally reflected);

1. Article 62 (1) of the Criminal Act (hereinafter referred to as "unfair mitigation reasons");

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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