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(영문) 서울동부지방법원 2015.03.04 2013고단1605
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

At around 05:50 on April 15, 2013, the Defendant used two kitchen blades (total length: 33.5cm, blade length: 21cm, 43cm in total length: 29cm: 29cm) used in the kitchen without any justifiable reason while drinking the victim D (years 35) and drinking in the house of the third floor in Gwangjin-gu Seoul Special Metropolitan City, Seoul, and threatened the victim with the part of the victim’s house as soon as possible.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Protocol of the examination of a witness regarding D;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement made to D by the police;

1. On-site photographs;

1. Application of each existing statute of two blades (No. 1 and 2) confiscated;

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;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [Scope of Recommendation] The basic area (decision of sentence] of the type of intimidation (Habitual Habitual Offense, Habitual Offense, Special Intimidation) (Article 48(1)1 of the Criminal Act (Article 48(1)4 of the Criminal Act; 6-1 year and 6 months)

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