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(영문) 대구지방법원 서부지원 2013.07.26 2013고단795
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

On May 8, 2013, at around 15:00, the Defendant requested the victim D (the age of 58) who is the director of the C Center, who is a public official in local service, to post a telephone to the C Center located in North Korea B, and requested the victim D (the age of 58) who is the director of the C Center, who is a public official in local service, to search for

Accordingly, at around 16:00 on the same day, the Defendant found the above D as a warden's room working on the second floor of the above C Center, and laid down the finger (9cm, 38cm), which is a dangerous object prepared in advance, on his/her book, and brought the above D with the above finger "I will do so" while putting the above D "I will do so" on his/her book.

As a result, the Defendant, carrying dangerous objects, threatened the victim D, and at the same time interfered with the legitimate execution of duties, such as crop cultivation guidance, which is a public official in a local government.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. Each written statement prepared D and E;

1. Seizure records;

1. Each photograph;

1. Application of Acts and subordinate statutes to investigation reports (Duties of victims);

1. Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act on the Punishment of Specific Crimes; Article 283(1) of the Criminal Act; Articles 144(1) and 136(1) of the Criminal Act on the Punishment of Violence, etc. Act (the act of obstructing the performance of special duties);

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

1. Article 62 (1) of the Criminal Act (including the fact that the defendant is against his/her will) ;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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