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(영문) 대전지방법원 천안지원 2013.04.11 2013고단207
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

At around 10:00 on February 7, 2013, at the office of the Seodaemun-gu Seoul Special Metropolitan City, the Defendant: (a) made it possible for the victim (the victim C, the president of the said company, dismissed him/her; (b) made it possible for the victim to see himself/herself by raising one hand (50cm in total) and two knife (20cm in total length) which is a dangerous object that he/she purchased at least 2 days before the victim; and (c) made it possible for the victim to see himself/herself; and (d) made it possible for him/her to stop homicide; (d) if he/she commits murder, he/she did so by making it possible for him/her to stop homicide; and (e) made it possible for him/her to do so; and (e) made it possible for him/her to have his/her wife and his/her own food known to him/her to be a prison for 20 years or more; and (e) made it difficult for him/her to die two employees until the end of March.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Reasons for sentencing under Article 62-2(1) and (2) of the Criminal Act on Probation [Determination of Punishment] Habitual, Cumulative, Special Intimidation (Special Intimidation) - mitigated elements: Where a person is subject to mitigation (including serious efforts to recover damage) or considerable damage therefrom, [the scope of recommending punishment] four months or one year [the scope of recommending punishment] - Reduction elements: In serious reflect [the scope of applicable provisions] applicable provisions: One year or one year suspension of execution [whether or not of punishment] - Major reasons for reference (unlawfully: A crime under the threat of organization or multiple force), deadly weapons, or other dangerous factors.

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