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(영문) 광주지방법원 2013.11.21 2013고단3652

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. At around 11:00 on July 30, 2013, the Defendant: (a) under the influence of alcohol at the hump of “D”, at the entrance of the C apartment at the Jeonnam-si, threatened the victim E (the age of 52) with an empty beer’s disease, which is a dangerous thing; and (b) threatened the victim as at the time of the death.

2. At around 11:30 on July 31, 2013, the Defendant: (a) stolen two beer-bes in total amounting to KRW 4,000, the market price of the victim’s possession, which the victim F, the main owner of which was kept in the cooling house, at the same time, in the “D main store” located in the Jeonnam-si, Jeonnam-si.

3. On July 31, 2013, at around 12:30, the Defendant: (a) was arrested from the victim security guards of the Naju Police Station G police station, who was dispatched to the scene during the disturbance, on the ground of a fine, non-defluence; (b) was arrested by the victim security guards of the Naju Police Station on the back seat of the Naju Police Station, and was escorted to the Naju Police Station on the ground of the victim’s failure to pay a fine; and (c) took a bath to the victim “breath” while getting on the back seat of the Naju Police Station, the Defendant assaulted the victim at the time when the victim’

As a result, the Defendant assaulted the driver of a vehicle in operation and interfered with the legitimate execution of duties concerning the maintenance of public security and order by the police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to H, J, F, and E;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Article 329 of the Criminal Act; Article 136 (1) of the Criminal Act; Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor for the crime of selective larceny and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;