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(영문) 서울중앙지방법원 2015.01.20 2014고단8825
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 3, 2014, at around 00:05, the Defendant, at the “D” restaurant located in Gwanak-gu in Seoul Special Metropolitan City, 'D', she takes a time room, such as openly taking a bath to the victim E, etc., and took a house to the victim. After coming out of the victim, the Defendant, along with the victim, took one kitchen, which is a dangerous weapon, (19cm in total length, 24.5cm in length, 14cm in length) at the F-Public Notice Center in the vicinity where the Defendant was living, and took one kitchen (19cm in total length, 24.5cm in blade, 14cm in length), and among them, took up the victim with the excessive length, and she took up the victim, she took the victim’s bath, she took the same bath as the victim, and she takes a breath, and she took a fright by 50 meters away from the victim.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G, H, I, J, and K;

1. Police seizure records;

1. Photographs;

1. Application of Acts and subordinate statutes to investigative reports;

1. Articles 3 (1), 2 (1) 1, and 283 (1) of the Act on the Punishment of Violences, etc. of Specific Crimes;

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

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

1. The sentencing guidelines are applied to the crime of sentencing under Article 62-2 of the Social Service Order Criminal Act. The sentencing guidelines are applied to the crime of intimidation, and the victim does not want the punishment for six months to one year and six months in the basic area among the four types of intimidation, and the punishment is imposed as ordered in consideration of the defendant's age, character and conduct, environment and circumstances after the crime, etc.

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