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(영문) 서울남부지방법원 2013.09.26 2013고합265
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

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

At around 11:00 on May 18, 2013, the Defendant reported to the police as a flagrant offender of the crime immediately preceding the Defendant’s intimidation at the D main point located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, on the ground that the victim E (the above main point operator) was reported to the police as a flagrant offender of the crime of intimidation by the Defendant, and held the Defendant’s right-hand clibly in Australia (the age of 51) with a knife “kh kh kh kh.................................., the Defendant put the victim F (the age of 49) playing at the above main point with the desire of “knife kn...........

Accordingly, the defendant, who provided a criminal investigation team in his criminal case, threatened victims with deadly weapons for the purpose of retaliation against the above E.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. A report on investigation;

1. Photographs;

1. Application of Acts and subordinate statutes of E and F;

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, subparagraph 1 of Article 283 of the Criminal Act concerning the crime (a person who threatens to carry a deadly weapon)

1. Articles 40 and 50 of the Criminal Act on the Standing Punishment, etc. of Specific Crimes against Victims E (the punishment imposed on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims E, the violation of the Punishment of Violences, etc. Act (the violation of the Punishment of Violence, etc. Act) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the quality of which is heavier);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravated Punishment, etc. of Specific Crimes against Victims E with heavier penalty];

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service, and the main sentence of Article 62-2 (1) and (2) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences by law: Imprisonment for one year to 45 years; and

2. Application of the sentencing criteria;

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