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(영문) 서울남부지방법원 2013.09.05 2013고단2411

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 March 30, 2013, around 06:40 on March 30, 2013, the Defendant threatened the victim C (27) who was waiting for an elevator without any justifiable reason before the elevator of the fifth floor of the Guro-gu Seoul Building, with the transition (10cm in the blade length, 20cm in the total length) of dangerous goods (10cm in the blade length, 20cm in the body of the victim, and thereby threatening the victim “s death.”

2. The Defendant, at the time and place specified in Paragraph 1, had expressed the attitude that he would cause harm to the body of E, such as debrising excessive excess, as he was required to set up an excessive amount from the slope E belonging to the Guro Police Station D District Unit, which was called out after having received 112 report.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of prosecutorial statement concerning E;

1. Statement of the police statement regarding C;

1. Records of seizure and the list of seizure;

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

1. Articles 3(1) and 2(1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Articles 283(1) and 144(1) and 136(1) of the Criminal Act concerning the crime (the occupation of special obstruction of performance of official duties, the choice of imprisonment with prison labor);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Jan. 1, 2009);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;