beta
(영문) 광주지방법원 목포지원 2014.08.19 2014고단742

폭력행위등처벌에관한법률위반(우범자)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On February 13, 2014, the Defendant violated the Punishment of Violences, etc. Act (e.g., a person committing a crime) committed marital fighting by misunderstanding that B (the age of 48) having a de facto marital relationship with another male and the right of representation with another male, thereby deeming B to have been accompanied by another male who did not receive the Defendant’s telephone.

From around 18:00 to 19:10 on February 13, 2014, the Defendant called “D”, “B,” with a knick blade (13cm in total length, 22.5cm, 13cm in the knife length), which is a dangerous object in front of the D’s restaurant operated by “D”, which is located in Yongnam-gun C, and called “B,” with a view to opening the restaurant door and waiting for B located in the Gangnam-gu office, while waiting for B at the knife-gu office.

As a result, the defendant carried dangerous objects that could be used for crimes under the Punishment of Violences, etc. Act without justifiable reasons.

2. At around 19:10 on February 13, 2014, the Defendant insultd victims by publicly alleging that “A victim F, G, H, and I, who is a police officer belonging to the Young Military Police Station E District E District, sent out after receiving a report from B, who had approximately seven or eight persons who walk around the D’s restaurant, “I am knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

Summary of Evidence

1. Defendant's legal statement;

1. The statement made by the police in B (I) and F;

1. Each written statement of F, I, H, and G;

1. Application of Acts and subordinate statutes to a seizure protocol (129 pages of investigation records), field photograph, CD 1 CD (recording materials related to insult);

1. Article 7 of the relevant Act on the Punishment of Violences, etc. against Criminal Facts and Article 311 of the Criminal Act;

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

1. Four times as a crime relating to violence from 1990 to 2008, in which each of the choice of punishment was sentenced to imprisonment;