logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.02.14 2014고단67
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On December 20, 2013, at around 21:40, the Defendant reported that D, having been a woman of the past in Guro-gu Seoul Metropolitan Government, drinked with the victim E (ma, 47 years of age) and drinking. On the Defendant’s home, the Defendant carried a knive knife (the total length: 22cm, 10cm: 10cm) with the Defendant’s house, and threatened the victim by carrying a lethal weapon, stating that “A knife may have a knife with the face of normal knife.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

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

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Where a defendant in the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act threatens a victim in knife, and the crime is serious but contingent, and the defendant does not exercise violence differently by simple intimidation, the defendant shall be sentenced to the same punishment as the disposition in consideration of the circumstances leading to the crime in this case, the danger of the method of crime, etc.

arrow