폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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.
Punishment of the crime
The defendant, who resides in Dongjak-gu Seoul Metropolitan Government D, is neighboring E (58 years of age) and plans a preferential parking lot for residents in the jurisdiction of the Gu, but the victim has suffered significant injury in appraisal against this plan.
On November 26, 2012, at around 20:00, the Defendant purchased 1.8 liters at G oil stations located in the Dongjak-gu Seoul Metropolitan Government F, and used the said gasoline, which is an object dangerous to the residence of the victim of the H 2nd floor in Dongjak-gu Seoul Metropolitan Government, 20:25 on the same day, and led the victim to threat the victim by carrying a dangerous object, indicating his attitude that he would cause any harm to the victim’s body or property.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of the police statement of E;
1. Statement of the police statement of I;
1. Judgment on the major issues of seizure records and evidential materials (the photographs of seized articles)
1. In full view of the following facts: (a) the Defendant and his defense counsel’s assertion that he carried gasoline from the beginning on the premise that he did not put the gasoline into fluence; (b) did not possess any fluoring tool; (c) did not commit any act to put a fire; and (d) did not have any tools that the Defendant did not possess; and (c) the gasoline carried by the Defendant does not constitute “hazardous things” under Article 3(1) of the Punishment of Violences, etc. Act.
Therefore, Article 3 (1) of the Punishment of Violences, etc. Act that can punish a defendant pursuant to Article 283 (1) of the Criminal Act cannot be punished.
2. According to the evidence seen earlier, the Defendant purchased gasoline at a gas station near the Bara, which was an issue of parking lot, and possessed it, and made intimidation as stated in the facts charged.
The defendant, at least, aims to make E potable.