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(영문) 서울북부지방법원 2015.08.13 2015고단2261

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Punishment of Violences, etc. Act;

A. At around 01:20 on June 25, 2015, the Defendant, at the main point of “G” located in Seoul Special Metropolitan City, Nowon-gu, for the reason that the former female-friendly-gu H together with the victim I (27 years of age), J (27 years of age), and K (27 years of age) performed drinking, the Defendant threatened the victims by using a stop (the total length: 46cm, the stop length: 22cm) which is a dangerous object, on the ground that the Defendant was drinking together with the victim I (27 years of age), J (27 years of age), and K (27 years of age).

B. At around 01:30 on the same day, the Defendant: (a) sent an injury to the victims, which is a dangerous object in the immediately following tables at the above location; (b) and (c) expressed to the victims, “Dapitus”, thereby threatening the victims of an injury to the body of the victims.

2. Performance of official duties;

A. At around 01:40 on the same day, the Defendant was arrested of a flagrant offender due to the suspicion of threatening the victims, while carrying dangerous objects from L of the Nowon Police Station affiliated with L, who received a report at the above location 112, at the same time, the Defendant obstructed a police officer’s legitimate execution of duties regarding the arrest of a flagrant offender by assaulting the victim, such as “one bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of x

B. At around 01:50 on the same day, the Defendant continued to arrest a flagrant offender in the N Zone located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu as a flagrant offender, and obstructed the legitimate execution of duties of police officers with regard to the arrest of a flagrant offender on the ground that he was faced with his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning O, K, I, J, and L;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to photographs of seized articles and photographs of victims;

1. Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment), which applies to the relevant criminal facts and the choice of punishment.