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(영문) 서울남부지방법원 2013.05.15 2012고단4370
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 23:00 on October 3, 2012, the Defendant, while fighting with Nonindicted Party D, in the Defendant’s house located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, on the ground that the victim E (the age of 55) living in the next house (the age of 5) gets the Defendant through the Defendant’s window, she took a bath, she took a knife knife (the length of the knife) that is a dangerous object in the main room, and threatened the victim with knife and knife the victim’s knife (the knife).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E;

1. 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;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution shall be decided as per the Disposition on the grounds of not less than Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision);

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