beta
(영문) 수원지방법원 안산지원 2016.04.14 2015재고단46

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

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.

Reasons

Punishment of the crime

1. A special intimidation: (a) around 12:40 on January 2, 2015, the Defendant: (b) 12:40 on the second floor of the B B Building in Siti City; (c) in a dispute with D, the injured party, who was suffering from the said restaurant, skes the victim’s head collection; and (d) talks about the male who had provided the victim’s religious services before marriage, and made the victim’s intimidation by saying, “the entire length of 22 cm”) with the victim’s head collection; and (c) putting the victim’s head collection of the victim’s head, who attempted to go out of the restaurant.”

2. On January 2, 2015, the Defendant obstructed the performance of special official duties: (a) at the Defendant’s office located in Sinsi-si E and 203, after receiving D’s 112 report regarding the facts described in paragraph (1) at the Defendant’s office located in Sinsi-si, 203; (b) obtained the confirmation of D’s location and the circumstances of the case from the police officer G police officer G, who was affiliated with the police officer G police officer of Sinsi-gu, Police Station, who was sent to Dong Dong-dong, followed the Defendant’s knife, knife and knife, which was a dangerous thing that had been at his own expense, and knifeed for more than 20 years; (c)

When putting in the bath the victim's boom, the victim's breath was boomed at one time by hand.

Accordingly, the defendant carried dangerous things and interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to field and photographs of seized knife location;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (the point of intimidation to carry dangerous articles), Articles 144(1) and 136(1) (a) of the Criminal Act (the point of obstructing the performance of official duties carrying dangerous articles) of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. Article 3(1) of the Act on the Punishment of Violences, etc. with Reasons for Sentencing under Article 48(1)1 of the Criminal Act provides that "any deadly weapons or other dangerous objects."