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(영문) 서울남부지방법원 2016.01.14 2014고단5172
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 13:50 on November 29, 2014, the Defendant “2014 Highest 5172” saying that the Defendant would not desire the Defendant to take the victim D (n, 33 years of age) in front of the convenience store located in Seoul Special Metropolitan City B (n, e.g., convenience store).

The victim E (the remaining, 36 years old) of the victim's male-friendly arrest victim E (the remaining, 36 years old) caused by the death of the Cheongdo, which is a dangerous object for the reason that it was threatened with the victim D.

“In doing so, the victims were threatened by shouldering the shouldered part of the Cheong-Jin, which is a dangerous object, as they had a hump to the victim.

On November 28, 2015, the Defendant listened to the horses that would not yet be able to carry out funeral services from the injured party before the H restaurant located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul Metropolitan Government (hereinafter referred to as the “FF”) around 09:00 on November 28, 2015, the Defendant collected a knife knife (hereinafter referred to as “the total length of 39cm”) that was placed in the Doma, and throw away the victim from it.

"Along with the foregoing, the knife was laid on the floor, and the victim was threatened by carrying a dangerous object, such as knife a knife (the total length of 39cc) in front of the I cafeteria which continued to be placed on the floor and showing an attitude that seems to inflict harm on the victim's body.

Summary of Evidence

"2014 Highest 5172"

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to E, D, and J;

1. A photograph of the criminal tool and investigation report (CCTV image verification) 2015 upper group 5247;

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The police statements of F and K;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation have had the record of being punished for the same crime, but at the same time, each of the instant cases.

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