logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2012.12.27 2012고단6213
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:50 on October 23, 2012, the Defendant: (a) expressed a bath to the victim E (the age of 52) (the age of 52) who performed drinking in the subsequent tables at “D” house located in Gwanak-gu in Seoul Special Metropolitan City, without any reason; (b) carried the time room for drinking; and (c) went out of the above heading house due to the clothes of people around the surrounding area; (d) followed about five minutes, and (e) threatened the victim with a knife, which is a dangerous thing in the part of the victim (the knife, the total length of 15cc, and 6cc in the knife length).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Investigation report (Investigation by telephones);

1. Application of the knives and photographs used by the suspect for committing the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentencing guidelines are applied to intimidation crimes under Article 62(1) of the Criminal Act, and sentencing is determined between six months and one year and six months since they fall under the basic area among the four types. The sentencing should be determined by taking into account the following: (a) the Defendant has no criminal record of imprisonment with labor or heavier; and (b) the degree of intimidation is not severe.

arrow