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(영문) 서울서부지방법원 2013.07.17 2013고단896
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 April 1, 2013, at around 18:20, the Defendant: (a) in the passage between Seodaemun-gu Seoul Metropolitan Government C building A, 501 and 502, the children of neighboring victim D (37 years of age) were slick from the flat rooftop; and (b) in the course of paying the time expenses, the Defendant threatened the victim with a deadly weapon (30cm in total length) as a deadly weapon, on the ground that the Defendant was released from a warning door attached to the rooftop entrance.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

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 (including the first offense and the fact that the criminal defendant is divided, etc.);

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