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(영문) 서울서부지방법원 2013.11.13 2013고단2502
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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

On May 26, 2013, at around 03:55, the Defendant, while under the influence of alcohol in the “Ecafeteria” operated by the victim D(59) located in Gwanak-gu, Seoul Special Metropolitan City, he collected the knife (11cm, 20cm in the knife length) that is a dangerous object located in the main room, and threatened the victim by stating that the knife is “weet”.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

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

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. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;

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