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(영문) 대전지방법원 2015.01.30 2014고단4178

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

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 became final and conclusive.

Reasons

Punishment of the crime

1. On November 11, 2014, the Defendant, in violation of the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) committed an act of assaulting in the E cafeteria operated by the victim D (Age 56) in Daejeon Jung-gu, Daejeon as a customer, without paying the drinking value, following drinking to the customer.

놨다하는 등 행패를 부려 피해자가 경찰에 신고를 하자 식당에 있던 위험한 물건인 쇠 젓가락을 집어 들어 피해자를 향해 들이대며 “죽이겠다.”라며 찌를 듯이 위협하여 피해자를 폭행하였다.

2. The obstruction of performance of official duties and the Defendant, at around 23:08 of the same day, expressed the victim G (the police officer aged 51) who is a police officer belonging to the F District District, who was dispatched at the same place and received a report at the same time, and expressed the victim’s words “at home, she misleads the victim to go home, she did so, she cut out, she cut off, she her her fry, her fry, her fry, and her fry, and 3-4 times her head her chest, her head was tight, her head was tight, taken from the victim’s her head, and her head was 3-4 times,” and “the victim she she she was bread with the victim’s chest, and she was frightd with 3-4 times the victim’s chest, and she obstructed the victim’s legitimate execution of official duties, and obstructed the victim’s sexual injury, etc. at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning DG;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3(1) and 2(1)1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes; Article 260(1) of the Criminal Act; Article 257(1) of the Criminal Act; Article 136(1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 of the Criminal Act: