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(영문) 서울서부지방법원 2014.10.15 2014고단1172
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Records” The Defendant was sentenced to a suspended sentence of six months for the crime of obstruction of performance of official duties at the Seoul Central District Court on December 13, 2013, which became final and conclusive on December 21, 2013, and is currently under suspended sentence.

【Criminal Facts of crime” around 09:10 on May 1, 2014, the Defendant saw the victim H (the age of 52) and the victim I (the age of 50) who entered the restaurant at the “J” restaurant operated by Seodaemun-gu Seoul, Seodaemun-gu, and was sled on the first floor and was sled on the victim’s sled on the first floor at “one-time knife-car,” and sled on the victim’s knife the knife, and knife the knife with the victim’s knife-car (the knife knife knife knife knife knife knife knife knife knife knife knif.

Accordingly, the defendant threatened victims by carrying a deadly weapon.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness I and H's legal statement;

1. A's statement at the prosecution;

1. Statement of the police statement of I and H;

1. Each report on investigation;

1. Previous records: The application of inquiry reports and investigation reporting Acts and subordinate statutes, including criminal 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant’s crime of this case is committed during the period of probation, and the statutory penalty is limited to imprisonment, and it is inevitable that the Defendant’s crime of this case is committed with a deadly weapon and is not suitable for committing a crime by intimidation of victims.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, shall be determined by taking into account all the circumstances such as the violation of the defendant's depth of the crime, the victims' agreement, etc.

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