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(영문) 서울서부지방법원 2014.02.12 2013고단3216
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 03:00 on November 2, 2013, the Defendant, at the home of the victim D (n, 37 years of age) located in Yongsan-gu Seoul Metropolitan Government and 202, was engaged in assaulting the Defendant, such as gathering food on the floor, and the said victim, the Defendant, in his/her hand, was faced with his/her hair, and having his/her face taken by hand. On the other hand, the Defendant continued to use the knife, which is a deadly weapon in his/her body, in his/her kitchen, in his/her kitchen at the same place, and threatened the victim by threateninging him/her “to die” and threatening him/her with “to die.”

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of the accused;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes of each photograph and investigation report;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act on the Punishment of Crimes, Article 283 (1) of the Criminal Act and Article 260 (1) of the Criminal Act on the Punishment of Violences, etc.

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (All conditions for sentencing prescribed in Article 51 of the Criminal Act, such as the fact that the defendant repents his mistake, that 50,000 won is deposited for the victim, that there is no particular criminal record, and that he raises young children, etc.);

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