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(영문) 서울동부지방법원 2014.12.17 2014고단3454
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be forfeited from the defendant.

Reasons

Punishment of the crime

1. Around November 5, 2014, at around 07:08, the Defendant violated the Punishment of Violences, etc. Act (a collective action or destruction of deadly weapons, etc.) and the Defendant took a dispute with the victim F (the age of 26) living together in Songpa-gu Seoul E 607 (E building) about November 5, 2014, he saw 1 to 500,000 won of the market price, which is the victim’s possession, of the horses from the female, on a multiple occasions with the kitchen knife (the knife length, 18cc, flife No. 1) which is a deadly weapon, and flife the above clothes.

The defendant, carrying a deadly weapon, thereby damaging the victim's property.

2. Special obstruction of performance of official duties: (a) the Defendant 112 reported at the same time and place as indicated in paragraph (1) 1; (b) expressed H and assistant I expressed son’s shoulder by hand, “I am bitch or bitch bitch bitch bitch bitch, to be done,” and (c) expressed H’s shoulder by hand one time, and presented h’s two arms by a cell phone shoulder bit, and (d) knife knife, which is a dangerous object located in the said new box, continuously display H one stop on one occasion and continuously display knife knife (4cm in length, No. 2).

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties of police officers on handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, and F;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 366 of the Criminal Act, and Articles 144 (1) and 136 (1) of the Criminal Act concerning the punishment of crimes;

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

1. The sentencing guidelines for the crime of obstruction of performance of official duties under Article 48(1)1 of the Criminal Act are the sentencing guidelines.

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