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(영문) 서울동부지방법원 2015.09.16 2015고단2249
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On August 4, 2015, at around 23:00, the Defendant brought an dispute with the victim on the issue of the donation of apartment owned by the mother living in Gwangjin-gu Seoul Special Metropolitan City B apartment 1 Dong, Manae C (Inn, 56 years of age) around August 4, 2015, the Defendant threatened the victim with a knife (the total length of 40cm, 26 cm) that is dangerous in the Defendant’s home, with a knife (the total length of 40cm, knife length 26 cm).

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records;

1. Application of the photographic Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [Scope of Recommendation] The mitigated area (4 to 1 year) (4 to 4 months), and the mitigated area (4 to 1 year) of the Punishment (a person subject to special mitigation) / [a person subject to special mitigation] / [a person subject to recommendation revision according to the scope of punishment / [a person subject to recommendation revision according to the scope of punishment / [a person subject to the lowest limit of the sentenced sentence] from June to one year (a person subject to the sentenced sentence], the victim does not want the punishment of the defendant, and the victim does not want the punishment of the defendant, and there

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