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(영문) 서울중앙지방법원 2013.10.25 2013고단5443
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for 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

around 07:35 on August 4, 2013, the Defendant was a death in the vicinity of the Defendant on the ground that the victim E (Nam and 42 years of age) did not take an examination of the Defendant in the parking lot of the “D Public Notice Board” building located in Seocho-gu Seoul Metropolitan Government, Seoul.

The purpose of this paper was to say that “I will die” the victim is “I will die,” as the victim was fluored with a shoulder bottle, which is a dangerous object, by cutting off the air conditioner by cutting off the air conditioner and cutting off the air conditioner.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for six months to fifteen years;

2. Recommendations and sentence on the sentencing criteria: From four months to one year (the area of mitigation of a crime of intimidation).

3. Determination of sentence: A sentence shall be determined within the scope of mitigation of the statutory punishment, in consideration of the fact that the defendant, who has been sentenced to three or eight times of imprisonment for a crime related to violence, has served as a prison sentence and eight times of a fine for a crime related to violence, who possesses a shoulder and is highly likely to engage in such crime; however, he/she is a crime committed by a person residing in the same public notification board and a person who has committed contingent acts in time; he/she does not exercise his/her physical force directly; he/she did not exercise his/her physical force directly; he/she agreed with the victim;

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