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(영문) 서울동부지방법원 2014.11.19 2014고단1793
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 of the final judgment.

Reasons

Punishment of the crime

On December 27, 2014, around 16:35, the Defendant, at the park located in Seongdong-gu Seoul Metropolitan Government, on the ground that there is no victim C(mari-dong 2) (mari-dong 2) in the 7-ro, Seongdong-gu, Seoul, Gasan-ro, and called “C” to mean “the victim would be knife,” and changed to the victim, who is a deadly weapon (No. 1, 19cm in total length, about 10cm in knife-day) in the Defendant’s Lia, and changed to the victim.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Application of excessive photographic statutes;

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

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., disposition not to impose a punishment, the degree of substantial danger, the degree of a fine not to impose a punishment, and the fact that there is no criminal record other

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Confiscation: Recommendations based on the sentencing criteria under Article 48 (1) 1 of the Criminal Act: Reduction area (4 to 1 year) of Types 4 (Special Intimidation) of Intimidation (4 to 4 months) (special mitigation area) (4 to 1 year); and

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