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(영문) 서울서부지방법원 2015.03.24 2015고단167
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was the victim C (ma, 19 years of age) and from May 2014.

The Defendant, from around 00:30 on November 24, 2014 to 01:23 on the same day, at the Defendant’s house in Eunpyeong-gu Seoul Metropolitan Government D 202 on the grounds that the victim said that the victim “I wish to drink. I want to drink.” The Defendant expressed the victim’s desire to “I am equal to son, I am equal to son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son, and the victim reported to a toilet with the victim’s right, she put about about 10 eggs son son son son son son son son son son son son son son son son.” On the contrary, the victim killed the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the existing Acts and subordinate statutes of one knife (No. 1) seized;

1. Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 283(1) of the Criminal Act concerning criminal facts

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is to determine the punishment as ordered in consideration of the following factors: (a) the fact that the defendant, who is a partner of the defendant, has brought about a contingency to commit the instant crime; (b) the defendant's primary and depth is against the defendant; and (c) other various sentencing conditions as indicated in the argument of the instant case.

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