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(영문) 수원지방법원 2015.11.19 2015고단519
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 November 11, 2014, at around 08:35, the Defendant used a knife to the victim E (year 21) who was preparing for construction work, using a knife at the PC interior in the PC in the PC D and the second floor, charged the mobile phone to the victim E (year 21), and made the victim answer that it is not a place where the mobile phone is charged to the mobile phone, and accessed the victim by using the knife knife, which is a dangerous object.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. While the victim was released to the “F convenience store” of the first floor in order to report to the police at the time and place described in paragraph (1), the Defendant: (a) thief was placed in one wall containing cash 27,000 won, which was in the victim’s possession of the victim in the above bank of the second floor sexual harassment; and (b) thief was stolen by putting the victim in his/her main machine.

3. The obstruction of performance of official duties and the Defendant was flicked by using the part of the E’s resident registration certificate well-flicked to confirm whether the Defendant was in possession of the Defendant’s deadly weapons at the scene, where the victim’s 112 report was dispatched at the time and place as indicated in paragraph (1).

As a result, the defendant did not know the number of days of treatment to the victim, and at the same time interfered with the police officer's legitimate performance of official duties concerning the handling of report 112.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. The photograph, records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report on investigation (record statement by a victim's telephone);

1. Relevant Articles 284 and 283(1) of the Criminal Act concerning criminal facts, Article 329 of the Criminal Act, Article 136(1) of the Criminal Act, and Article 257(1) of the Criminal Act concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act among concurrent crimes;

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