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(영문) 서울중앙지방법원 2015.07.16 2015고단2844
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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A defendant shall be punished by imprisonment for six 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

The Defendant maintained the relationship with the victim C from the beginning of 2013 to September 2014 and had lived together.

On December 2013, the Defendant: (a) during the suspicion that the victim had the wind with another male, resisted the victim; (b) took heavy measures to resist it to prevent the victim from spreading to another male; and (c) taken a dangerous thing at the defendant’s home (the total length of 23 centcc, 13cm) into the Australia machine, which is a dangerous thing at the defendant’s home, in an attempt to prevent the victim from spreading to the other male; and (d) found the excess at the “Eju” point where the victim works in Dongjak-gu Seoul Metropolitan Government D on December 21, 2013, and tried to kill the victim’s life or body, by taking the excess in front of the victim, at around 21:00 on December 20, 2013.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes governing excessive photographs kept by the victim;

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 (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201; Supreme Court Decision 201Da11448

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. The summary of this part of the facts charged regarding the dismissal of prosecution under Article 62-2 of the Criminal Act on probation and community service order is that “A defendant assaulted the victim by making it doubtful that the victim would have wind at around May 19, 2014 at the “EM store” working for the victim C in Dongjak-gu Seoul Metropolitan Government D, and assaulting the victim by making the victim’s physical part of the body.”

The above facts charged cannot be prosecuted against the victim’s explicit intent.

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