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(영문) 서울동부지방법원 2014.08.06 2014고단1277
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 21, 2014, around 07:45, the Defendant, at the entrance of the 502 entrance of the Seoul Gangdong-gu Seoul Metropolitan Government building C, a defendant’s house, 502, tried to look at the issue between the victim D (the age of 31) residing in C building 402 and the noise. On April 21, 2014, the Defendant said, “I will not see only two knife a knife” and “I will not knife a knife a knife a knife a knife a knife.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the respective existing Acts and subordinate statutes referred to in subparagraphs 1 and 2;

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 Confiscation Criminal Act [Determination of a type] violent crimes under Article 4 (1) 1 of the Act on the Punishment, etc. of Intimidation [Determination of the recommended field] basic area / [Scope of recommendations] / [Determination of a sentence] radius from six months to one year / six months / [Scope of recommendations] / there are no criminal records of the same kind, there are no criminal records of the suspension of execution or more, the fact that there is

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