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(영문) 서울남부지방법원 2014.09.29 2014고단3247
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 August 13, 2014, at around 02:20, the Defendant threatened the victim by saying, “I want to find out who is a width, and die? I want to die?” the Defendant was in possession of the victim D (the age of 22) who is an employee of Yeongdeungpo-gu Seoul, because he interfered with the paths where the victim D (the age of 22) was under way.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. Application of Acts and subordinate statutes on police seizure records;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (all circumstances, such as the confession of a crime and the misunderstanding of a mistake, the absence of any criminal power, and the absence of physical harm to the victim);

1. Article 62 (1) of the Criminal Act on the stay of execution;

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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