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(영문) 춘천지방법원 영월지원 2014.04.11 2013고단532
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. A crime on October 3, 2013;

가. 폭행 피고인은 2013. 10. 3. 23:10경 강원 정선군 C에 있는 피해자 D(여, 64세) 운영의 'E' 식당에서 갈비탕과 막걸리를 주문하였으나, 피해자가 피고인이 술을 먹고 행패를 부릴 것을 우려하여 식당에서 나가줄 것을 요구하자, 화가 나서 피해자에게 욕을 하며 집기를 집어던지고, 피해자의 왼쪽 종아리를 발로 1회 걷어찼다.

Accordingly, the defendant assaulted the victim.

B. On October 3, 2013, at around 23:15, the Defendant of the obstruction of performance of official duties: (a) received 112 report from the victim, the police box affiliated with the police box of the stopping police station, and sent the disturbance to the scene, as set forth in paragraph (a) of Article 1.

The Defendant: (a) determined that there was a criminal suspicion based on the statements made by the proprietor of the office, the restaurant, and the proprietor of the restaurant, and (b) committed assault against G, such as the request for voluntary operation by the said G, and the submission of a bath to G, and the gathering of plastic reflects, boomes, scams, scams, and glass, which were placed on the table of the table.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

C. On October 3, 2013, the Defendant: (a) collected 15,00 won of the market price owned by the victim D, as set forth in paragraph (1) at the above “E” restaurant around 23:15 on October 3, 2013; (b) and (c) collected merg’s cups and plastic contacts equivalent to KRW 30,000 of the market price, thereby impairing its utility.

Accordingly, the defendant damaged the victim's property.

2. The crime committed on October 6, 2013;

A. On October 6, 2013, the Defendant: (a) around 13:50 on October 6, 2013, the Defendant: (b) demanded the victim I’s “J hotel” hotel operator H to refund accommodation charges that he paid in advance; (c) the victim would not have paid in cash; (d) the victim’s own market price of KRW 100,000 and the waste pipe equivalent to KRW 40,000 in the market price were put on the floor to its utility.

Accordingly, the defendant damaged the victim's property.

(b) interference with operations;

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