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(영문) 서울서부지방법원 2013.07.12 2013고단1019
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On April 18, 2013, at around 04:35, the Defendant, at the Defendant’s house No. 401 of Seodaemun-gu Seoul Metropolitan Government Officetel Btel 401, she saw the victim as drinking alcohol to the victim while drinking alcohol, but the victim refused to do so. However, on the ground that the victim refused to do so, the Defendant threatened the victim, such as a knife a knife, which is a dangerous thing ( approximately 31cm in total length, about 17cm in knife length) taken out from the kitchen to the delivery of the knife of the victim, with a knife (including about 31cm in total length, about 17cm in knife) which is a dangerous thing taken out from the kitchen before the knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act is against the defendant, there is no previous conviction other than the fine, and the victim does not want the punishment of the defendant);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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