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(영문) 서울중앙지방법원 2013.10.08 2013고단3678
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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

except that 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

The defendant and the victim C(the age of 64) respectively resided in the loan located in Dongjak-gu Seoul Metropolitan Government D in the past.

On November 201, the victim managed the management expenses of the loan by the time he/she moved to another place.

Around April 2011, the defendant had a roof waterproof construction work as management expenses, and there was still dispute with the victim due to the settlement of expenses related to the waterproof construction works.

At around 13:50 on April 29, 2013, the Defendant sought the victim from the Dongjak-gu Seoul Metropolitan Government Emera, and as above, the Defendant displayed a mountain knife knife knife, which is a dangerous object in possession of “B knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

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

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes governing kniver photographs and field photographs;

1. Relevant Article of the Punishment of Violences, etc. Act: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62(1) of the Criminal Act (except for minor fines not exceeding 30,00 won, there are no criminal records, elderly people, and the defendant also suffered injury) states that the defendant's grounds for conviction only speaks that he has a knife knife of the main machine, and that he did not contain the knife of the knife. However, the victim consistently stated that the defendant was knife of the main machine from the investigative agency to the court, and that he was knife of the main machine, and that the defendant was knife of his knife.

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