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(영문) 의정부지방법원 고양지원 2015.04.10 2014고단3205

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for not more than ten 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. On October 29, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapon, etc.) demanded the victims to pay the drinking value at “E main points” operated by the victim D(the age of 44) of the victim D(the age of Mayang-gu) in Goyang-gu, Goyang-gu) after drinking alcohol at “E main points” and demanded the victims D to refuse it under the influence of alcohol without any special reason, and twice the head of the victim D was able to take two times at his/her hand and continuously take knife knifk (the knife 10cm, the knife knife 11cm) which is a dangerous object in the main machine, and knife knife knife knife knife knife k to the victims twice.

Accordingly, the defendant, carrying dangerous objects, and assaulted victims.

2. On October 29, 2014, the Defendant: (a) was arrested as a flagrant offender by committing the crime described in the foregoing paragraph (1) at the office of the Goyang-gu Goyang-gu, Seoyang-si Office; (b) was transferred to the office of the said district office; and (c) was asked by the police officer I of the circumstances where the H district unit belongs to the H district; and (d) took a look at personal information, etc. from the police officer I of the said police officer, the Defendant carried out a breathal bath of the said police officer; and (c) was able to carry the breaphone, which was used by his hand, led to the police officer.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of the police officer in the act of committing the crime.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of written estimate or photographic Acts and subordinate statutes;

1. Relevant Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning criminal facts, the choice of punishment, and the choice of imprisonment, respectively, Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Criminal Act is committed by the defendant with a deadly weapon and assaults the victims.