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(영문) 서울남부지방법원 2014.04.22 2014고단757
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for 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

Around 03:00 on January 21, 2014, the Defendant took a knife that the Defendant was under the influence of alcohol at the “C” main point located in Guro-gu Seoul Metropolitan Government, and took a bath to the female on the ground that “Is the age of 58,” “Is the age of 58,” and “Is the victim E (the age of 22) and the victim F (the age of 22), who was on the next table, would be able to take a knife that was dangerous things in the kitchen,” and “Is the victim’s face”, “Is the victim’s knife, Is the young knife and knife, Is the victim’s knife and knife, Is the victim’s face.”

Accordingly, the defendant carried a dangerous knife, and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and E by the police;

1. A written statement of F and E;

1. Application of business notification certificates, kitchen photographs, and other Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 283 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., e., e., e., e., the crime committed in advance and the victims are not punished);

1. Article 62 (1) of the Criminal Act (including the fact that there is no criminal record of suspended sentence of imprisonment or more);

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