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(영문) 서울남부지방법원 2014.07.24 2014고단2146
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B(27 years of age) are residents of Yangcheon-gu Seoul apartment in Yangcheon-gu Seoul Metropolitan Government apartment, and there was frequent time room between the defendant and the victim with the below floor and the victim.

On May 22, 2014, the Defendant had two or more resistances from the victim with respect to the construction of the fluorious sium around May 22, 2014, and became to find the victim's house in order to see the victim's frequent resistance and to comply with the victim's frequent resistance.

1. At around 17:40 on the same day, the Defendant assaulted the part of the victim with his/her hand while she made a dispute with the victim for the said reason in front of the victim’s house.

2. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박) 피고인은 위 일시, 장소에서 피해자와 말다툼을 하던 중 미리 피고인의 집에서 가지고 와 주머니에 소지하고 있던 흉기인 한 뼘 크기의 과도를 들이대면서 “죽여버린다”라고 협박하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Article 260 (1) of the Criminal Act (the point of violence), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act concerning the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is necessary to consider the fact that there is no record of punishment for the crime of the same kind of violence as the reasons for sentencing under Article 62(1) of the Criminal Act in the suspension of execution, that it appears that it would result in a contingent crime, as it goes through a minor problem due to a prolonged inter-floor noise problem, that it is likely to cause a sudden crime, that it is recognized that the mistake is recognized, reflects, and does not repeat again, and that it deposited one million won for the victim.

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