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(영문) 서울중앙지방법원 2014.05.14 2014고단1779

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for one year.

except that 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

1. Violation of the Punishment of Violences, etc. Act (a collective action, threat of deadly weapons, etc.) and the victim C (the age of 30) are the tenants of Seocho-gu Seoul Seocho-gu 101, who reside at the same time from September 28, 2013 to September 101.

At around 15:00 on March 7, 2014, the Defendant threatened the victim with the voice "on the ground that the victim was fested and satisfed, the victim 101, and that satisfed, the victim satisf," "patf, the kniff, the kniff, the kniff, the knife, the kniff, the knife, the knife, the knife, the knife, the knife, the knife, the knife, the knife, the knife)."

2. At around 19:00 on March 7, 2014, the Defendant damaged public goods, on the grounds that at the Seocho Police Station and waiting room located in Seocho-gu, Seocho-gu, Seoul, Seocho-gu, Seocho-gu, 1726, the Defendant was arrested as a flagrant offender under suspicion of intimidation C, such as Paragraph 1, and that the Defendant’s talk does not involve the Defendant’s talk, thereby impairing the utility of goods used by public offices by smelling a computer monitor and a printer installed on his/her book (ro 4cm, length 4cm) so as to cover repair costs on his/her book.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A written statement;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act and Article 141 (1) of the Criminal Act concerning the punishment of crimes;

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

1. As to the assertion of defense counsel under Article 62(1) of the Criminal Act (the fact-finding is recognized, the first offender, and the defendant's situation at the time).