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(영문) 서울중앙지방법원 2016.04.05 2015고단3555
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 16, 2015, the Defendant listened to the phrase “I return to the outside of the clothes in front of the neighboring resident D(64 cm)” from around 21:30 of the same day when the said victim had a good appraisal against the victim, and discovered a place where the said victim gets out of and returned to the Republic of Korea with his/her family members, the Defendant Da Da Da d’s d’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s k.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the basis of the following favorable circumstances):

1. The Defendant’s reasons for sentencing under Article 48(1)1 of the Criminal Act reflects his/her mistake as an initial offender.

On the other hand, the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, career, family relationship, family environment, motive and means of crime, and circumstances after crime, shall be determined as ordered by the text.

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