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(영문) 서울북부지방법원 2013.09.26 2013고단1773
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

The defendant is the second sentence of the victim C, and the victim D was the spouse of the victim C, and the defendant and the victims were not good as a matter of supporting the mother of the defendant E.

On June 25, 2013, at around 09:43, the Defendant: (a) threatened the victim C and her mother on the ground that he/she had a dangerous object in the main room (30.5cm in total length, 18cm in knife) within his/her own dwelling area, and (b) threatened the victim C and her mother on the ground that her mother did not do so; and (c) threatened the victim that he/she would die, and then threatened the victim with an article dangerous to the main room (20.5cm in length, 10cm in knife in knife in knife in knife in knife in knife in knife).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. 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. In light of the fact that the sentencing of Article 48(1) of the Confiscation Criminal Act is a criminal record of a fine or heavier, the victims and the Defendants are their family members, the victims seems to have given the motive for each of the crimes of this case, the Defendant was standing alone, and the mother was committed by any contingently in connection with parent support, the mother was able to block each of the crimes of this case, the mother’s desire to have the Defendant’s wife, and his depth reflects, etc., the sentence is determined as per Disposition.

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