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(영문) 서울중앙지방법원 2014.05.13 2013고단6670
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On August 12, 2013, the Defendant was sentenced to a suspended sentence of two years on the fourth month of imprisonment with prison labor for an injury in the Vice-Support of the Incheon District Court on August 12, 2013, and the judgment was finalized on August 20, 2013.

【Criminal Facts】

1. Around 15:00 on August 17, 2012, the Defendant made intimidation to the victim D (the age of 35) and the telephone call, saying, “prison” to the victim of the victim, “I am string, we see that I am flick, I am flick, I am back, I am back, I am back, I am to am back.”

Accordingly, the defendant threatened the victim.

2. Around August 16, 2012, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) reported the victim D's home located in Jung-gu, Seoul, to the outside, and thereby, threatened the victim by carrying a hack pipe (1m in length) which is a dangerous object in the victim's home, while stating that the victim was seated in front of the victim D's home located in Jung-gu, Seoul, and by carrying a dangerous object, leading the victim to a hacking away and driving away and causing harm to the victim's body.

3. Around March 2013, 2013, the Defendant attempted to take money and valuables by demanding the victim D before Jung-gu Seoul, Jung-gu, Seoul to “I will die without knowing the F Company’s price of KRW 250 million.” However, the Defendant failed to comply with such demanding and attempted.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of D police statement;

1. Records of each recording, and records of processing of 112 reported cases;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports and investigation reports (report attached to the previous records and written judgments);

1. Article 283(1) of the Criminal Act, Article 283(1) of the Criminal Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act, Articles 352 and 350(1) of the Criminal Act (the attempted crime of intimidation and the choice of imprisonment) concerning criminal facts.

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