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(영문) 의정부지방법원 2013.11.15 2013고단2676

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Those who intend to possess swords in violation of the Control of Firearms, Swords, Explosives, etc. Act shall obtain permission for possession of swords from the head of the competent police station;

Nevertheless, on June 4, 2013, the Defendant stored one (87 cm in total length, 74 cm in total) and one (72 cm in day length) of the case of Japan, which was found in the village of the house, from the dry field near the field around the world around the day of June 2013 in the inner restaurant operated by the Defendant in the Namyang-si, Namyang-si by July 4, 2013.

Accordingly, the defendant possessed swords without obtaining permission from the chief of the police station having jurisdiction over his domicile.

2. On July 4, 2013, from around 10:00 to around 11:20, the Defendant: (a) demanded the victim E, the head of the site site of the D Building in Namyang-si, to pay the food cost of the restaurant operated by the Defendant; (b) the victim was simply aware of, and (c) the victim was able to do so, and the said Japan was kept in the said brine restaurant, and the said Japan, which was stored in the said brine restaurant, was also prevented from entering the vehicle and obstructing the passage of the construction vehicle.

Accordingly, the defendant interfered with the victim's work by force.

3. The Defendant violated the Punishment of Violence, etc. Act (a collective, deadly weapons, etc.) cited one Japan as well as one of the above Japan at the time and place specified in paragraph (2) and called the victim E (the age of 49) to pay the same food for the victim E (the age of 49). After cutting off the above Japan out of the knife, the Defendant committed several times to the victim for about five minutes.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each statement (E, F, G);

1. On-site photographs;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. against Criminal Crimes, Article 283 (1) of the Criminal Act ( imprisonment with prison labor for not less than one year), Article 314 (1) of the Criminal Act, and guns, swords, or explosives;