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(영문) 대구지방법원 2014.09.05 2014고합393

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3...

Reasons

Punishment of the crime

1. On May 25, 2014, the Defendant, at around 21:00, released gas to a female-friendly E (18 years old, n) located in Suwon-gu, Busan, on the ground that the Defendant’s demand does not involve E, and again, the Defendant, on the ground that the Plaintiff did not enter the Defendant’s demand, set rubber straws connected to urban gas valves and opened a safety valve to a 401 room and a studio building.

As above, E complaining of two kinds of gas inhaled, and the studio residents in charge of gas smelled out of the building urgently.

Accordingly, the Defendant released gas and caused danger to the life, body, or property of E and D studio residents.

2. A violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) released gas as above, and, in the idea that the Defendant continued to teach the victim E by threatening the victim E, the Defendant taken away a portable horse, which is a dangerous object in a usual room within the viscoscing room, and, if the victim would not accept the Defendant’s request, scambling the land and act as if the victim would explosion the viscos in the house to cause harm to the victim by spreading the viscoscing the viscos in the house.

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

3. The Defendant: (a) thief was stolen by taking out one female-style wallet at a market price equivalent to 2.50,000 won, which includes 4,000 won in cash owned by the victim, 2 credit cards, and resident registration certificates, etc., out of around that time, the Defendant thief committed theft.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Investigation record of seizure;

1. Application of Acts and subordinate statutes to report on investigation (explosion photographs and damaged photographs);

1. Relevant Article of the Criminal Act, Article 172-2(1) of the Criminal Act (the point of gas emission), Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 283 of the Criminal Act concerning criminal facts.