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(영문) 서울남부지방법원 2014.09.26 2014고단2701
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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

1. On June 7, 2014, the Defendant: (a) around 22:20 on the street in Guro-gu Seoul, Guro-gu, and (b) attempted to receive money from D, known to, and known to, the Defendant: (c) had been able to receive money from D; (d) C and D had fighting with their body while engaging in a dispute; and (e) the victim E (32 years of age) who was living in his/her neighboring wife and C were able to take care of C and C, while she had expressed a desire to “a speech not superior to South Korea’s work.”

When the Defendant fights between C and the victim E (the age of 32), which led the victim to be pushed down with the chest, the Defendant left the part of the victim 2-3 times with the maternity of the cell phone in his possession, which was the part of the victim 2-3.

As a result, the defendant suffered from the victim's damage to the victim's 2 weeks of treatment.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) said that he would not unfasten the victim’s finger at the same time and place as in the preceding paragraph, and that he would have a kitchen, which is a dangerous weapon, with approximately 200 meters away from the victim’s hand, with a kitchen, which is a dangerous weapon ( approximately 30cm in total length, approximately 18cm in length in knife) at his house located far away from about 200 meters from the victim’s hand as in the preceding paragraph, and that she would fastened the victim with a 20-meter amount of escape.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol for E and C;

1. Seizure records and photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing mobile phones;

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act concerning the crime (the point of intimidation to carry a deadly weapon);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do148, Apr. 2

1. Article 62 of the Criminal Act:

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