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(영문) 창원지방법원 거창지원 2014.11.26 2014고단176
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is under a state that the Defendant lacks the ability to discern things or make decisions due to the on-site illness,

1. Around 14:55 on February 14, 2014, the Defendant, in violation of the Punishment of Violences, etc. Act (a collective threat of a deadly weapon, etc.), brought the victim D (53 years old), who caused the extinguishing of a fire by setting fire to trees and miscellaneous grass in his dry field located in Gyeongnam Development-gun C, on the ground that the victim D (53 years old), who caused the extinguishing of a fire, “the brue fe, brue, and brue within mountain, that is a dangerous object that had been carrying with the desire to “the brue, brue, and brue within mountain, that is, a dangerous object (120cm in total length) and threatened

2. On February 14, 2014, at around 15:30 on February 14, 2014, the Defendant: (a) asked the Defendant to verify the identity of the Defendant by the slope F of the Estation affiliated with the development police station Esc box belonging to the development police station, which called “I shall identify the name in the world on which no law exists, and she shall do so to her to her driver,” and (b) assault the chest G’s chest on five occasions, thereby hindering the police officer’s legitimate performance of official duties concerning criminal investigation and maintenance of order.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

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

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of On-Site photographs);

1. Article 3(1) and Article 2(1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2(1)1 of the Criminal Act, Article 283(1) of the Criminal Act and Article 136(1) of the Criminal Act concerning the punishment of crimes (the point of obstruction of performance of official duties and the choice of imprisonment);

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of primary crimes (compeachment) according to the sentencing guidelines shall be limited to the crimes of intimidation;

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