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(영문) 서울북부지방법원 2015.01.23 2014고단4108
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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

1. From around 00:05 on August 30, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc., damage, etc.) on the ground that (i) around 300:02, the Defendant: (ii) around the front door of the Dobong-gu Seoul Metropolitan Government C building 302, the victim D (Woo 56 years old) residing in the Defendant’s 202 upper house of 302, the Defendant, who was living in, and slicked by, the late late time; (iii) on the ground that the victim D (Woo 56 years old), who was living in the Defendant, was slicked and slicked, and (iv) was accompanied by the repair cost of KRW 500,000.

2. Violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) brought the victim’s knife, at the above date, time, place, E, a son of the victim’s son, enter the entrance, and leaving the entrance, “welve, Chewing, deadly,” and the victim’s knife a knife, which is a dangerous object used by the victim’s left hand while putting the victim’s knife into the victim’s left knife, and knife the knife as described in the above paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution against F and E;

1. Statement of D police statement;

1. Seizure records;

1. Maternic blades;

1. Application of Acts and subordinate statutes to a criminal investigation report (the submission of a written confirmation, photograph, and quotation of the victim F);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act (the occupation of carrying and damaging dangerous articles);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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 (see, e.g., Supreme Court Decision 200Do1148, Apr. 1, 201)

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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