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(영문) 수원지방법원 안산지원 2013.11.27 2013고단1990

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On October 9, 2008, the Defendant was sentenced to three years of imprisonment with prison labor at Seoul High Court for robbery, etc., and completed the execution of the sentence in the Ganbuk Vocational Training Prison on July 22, 201.

【Criminal Facts】

1. Around August 17, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) brought a fluoral disease, which is a dangerous thing in the family, and made a threat to the victim, on the ground that he/she had a son E, who was living together, while drinking alcohol as referred to in subparagraph 16:20 of Article 212 and subparagraph 705 of Article 21 of the Act on the Punishment of Violences, etc. on the ground that he/she got out of his/her house while drinking alcohol.

2. On August 17, 2013, around 16:50, the Defendant: (a) expressed that the victim F, who was an official belonging to the Ansan-si Police Station of the Ansan-si, an Ansan-si, who was reported under 212/705, tried to arrest the Defendant as a flagrant offender; (b) thereby obstructing the victim’s legitimate performance of duties concerning the police officer’s arrest of a flagrant offender, thereby obstructing the police officer’s lawful performance of duties; (c) at the same time, the victim was an open top of the above arms requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E and F;

1. Each police statement made to F, E, and D;

1. A E-document;

1. Related photographs;

1. A medical certificate (F);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and other Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment, etc. of Violences, etc. against Criminal Crimes, Article 283 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (the point of obstructing performance of official duties, the choice of imprisonment with prison labor), Article 257 (1) of the Criminal Act;

2. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

3. From among concurrent crimes, a violation of the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso of Article 42 of the Criminal Act (a violation of the Punishment of Violences, etc. which is heavier than punishment (a collective crime, a deadly weapon, etc.).