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(영문) 서울중앙지방법원 2014.06.24 2014고단3077
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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

excessive one sheet (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

At around 23:10 on May 14, 2014, the Defendant: (a) expressed that, on the ground of the victim D’s main points operated by Jongno-gu Seoul Metropolitan Government Jongno-gu, the victim expressed that “the victim has flicked about at any time, whether he was son or not” the victim would not drink the Defendant; and (b) threatened the victim with a transition (21.5 cm in total length, 9 mm in length on the day) that he was in possession of the flicker’s flick belt, and threatened the victim with the victim’s flicker, who was at any time, with his own flicker’s flicker’s flick, and who was in possession of the flicker’s flick.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes on police seizure records;

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. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [Scope of Recommendation] No person who has no basic area (6 to 1.6 months) (6 months) of types 4 (Habitual Cumulative Offense, Special Intimidation) [Determination of Sentence] of the Criminal Act for the crime of this case is a threat of the part of the victim, which is a deadly weapon, to the extent that the crime of this case is highly dangerous in terms of the form and method of the crime; the defendant has a majority of criminal records related to violence; the defendant has a majority of criminal records related to violence; the defendant has been sentenced two times, the criminal records related to violence; and the defendant has not agreed with the victim or has not taken any measures to recover damage.

In determining a specific punishment, the defendant does not intend to threaten by using a deadly weapon in a way that is intended or planned, but appears to have committed the crime of this case by drinking and contingently, the defendant's mistake is divided, and both his/her sentence and his/her previous conviction are prior to the lapse of 10 years.

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