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서울동부지방법원 2015.09.10 2014고단3503
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

At around 15:30 on September 1, 2014, the Defendant: (a) at the corridor of the Gangdong-gu Seoul Metropolitan Government Gosiwon, the Defendant: (b) threatened the Defendant with a saw (21 cm on a saw day, 45 cm in length) which is a dangerous object due to the victim D (the age of 57) and noise issues; and (c) thereby (d).

Accordingly, the defendant carried a saw, which is a dangerous object, and expressed his attitude that he seems to inflict bodily harm on the victim, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. E prosecutorial statement;

1. Police seizure records;

1. Application of saw photographs of seized articles and other Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration, such as the fact that there is a previous conviction of a fine, a mistake against the defendant, and the victim expressed his/her intention that he/she does not want the punishment against the defendant);

1. Article 62 (1) of the Criminal Act (hereinafter referred to as "unfair mitigation reasons");

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

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