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(영문) 서울서부지방법원 2014.10.08 2014고단2208
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

The defendant and the victim C(n, 44 years old) have been divorced before 10 years, but they have been maintaining de facto marital relations thereafter.

On August 13, 2014, at around 00:15, the Defendant: (a) her house located in Eunpyeong-gu Seoul Metropolitan Government D and 202, took the victim’s neck on the ground that the victim neglected to do so; (b) taken the kitchen, which is a dangerous weapon, in the Washington, in the Washington, and 12cm (17cm in the finger, knife), taken the knife of the victim into the left hand; and (c) took the knife on the right side of the victim’s right side with the knife, knife with the knife, knife with the knife, knife, knife, knife, knife, knife, knife 4 to 50,000.

Accordingly, the defendant carried a knife with a deadly weapon and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C;

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of this Article;

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. Reasons for the sentencing of Article 48(1) of the Criminal Act for forfeiture [the scope of recommending sentence] of Article 48(1) of the Criminal Act is determined as per the disposition for the following reasons: (a) the aggravated area (8 to 2 years) of crimes of intimidation (8 to 4 (Habitual Offense, Cumulative Intimidation) (Special Intimidation) (a person under special jurisdiction) was committed by group or multiple force, or committed by carrying a deadly weapon or other dangerous articles

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