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(영문) 부산지방법원 2015.08.27 2012고단6738

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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A defendant shall be punished by imprisonment for one year.

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. Around August 13, 2012, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.), at the home of the Defendant located in Busan Metropolitan City, Busan Metropolitan City on August 13, 2012, the victim D (manam and 25 years of age) who is the Defendant’s wife witness the Defendant’s scene of assaulting the Defendant’s wife, and prevented the Defendant, one knife knife (total length of 30cm, 20cm in length of the day, and 30cm in length of the kitchen), which was a deadly weapon in the kitchen, and threatened the victim with a deadly weapon.”

2. Around 21:55 on the same day as Paragraph (1) of this Article, the Defendant was threatened with the knife of Paragraph (1), which is a deadly weapon in the victim’s item, when H (Nam, 40 years old), a police officer belonging to the Busan Jin Police Station G District, called the Defendant’s wife upon receiving a report of assaulting the Defendant’s wife in front of the place specified in Paragraph (1).

Accordingly, the Defendant, carrying a deadly weapon, thereby obstructing the police officer’s legitimate execution of duties concerning the arrest of a flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, D, and H;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Articles 283 (1), 144 (1), and 136 (1) of the Criminal Act concerning the crime;

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

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. On the grounds of the sentencing of Article 62-2 of the Probation Criminal Act, Category 1 (Obstruction of Performance of Official Duties) (Scope of Recommendation) is an aggravated area (one year or four years) (one year or four years), where a group or multiple force is shown or carries dangerous things (one category), and the basic area of the crimes of intimidation (one category) (the scope of Recommendation), Category 4 (Habitual, Cumulative, Cumulative, and Special Intimidation).