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(영문) 서울중앙지방법원 2014.06.13 2014고단2297
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

1. On March 18, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective weapon, etc., intimidation) committed intimidation against the victim D, who gets tobacco from the third floor bed in the bend of the string of the building of the next officetel in the city of residence in Seocho-gu, Seocho-gu, on the ground that, at around 22:00 on March 18, 2014, the Defendant expressed her desire to get the string, slick, slick, which is a deadly weapon (15 cm a day, slick 1) and a deadly weapon, which is a deadly weapon in the space of the house and the victim, going to the head and the shoulder part of the victim with the said knife.

B. The Defendant violated the Punishment of Violence, etc. Act (a collective weapon, etc.) at the above date, time, place, found the victim E to have a knife the knife from the Defendant threateninged D as above, and caused the victim to have a knife on the left hand of the victim with the knife, and caused the victim to have a knife knife

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, E, and D;

1. Application of the existing Acts and subordinate statutes of one knife (No. 1) seized;

1. Articles 3 (1) and 2 (1) of the Punishment of Violences, etc. Act, Article 257 of the Criminal Act, Articles 3 (1) and 2 (1) of the Punishment of Violences, etc. Act, and Article 257 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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;

1. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by sentence: Imprisonment for not less than one year and six months but not more than two years and not more than six months;

2. One year and six months of imprisonment with prison labor for the sentencing guidelines - three years (in the case of a violation of the Punishment of Violence, etc. by Carrying a deadly weapon, the mitigation area (one year and six months - two years - two years - one year and six months, and by intimidation of carrying a deadly weapon with respect to the crime of violating the Punishment of Violence, etc. by Carrying a deadly

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