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(영문) 수원지방법원 평택지원 2014.12.11 2014고단1473
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. Around 20:10 on March 30, 2012, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) collected TV on the front of the Defendant’s house located in Pyeongtaek-si C in front of the Defendant’s house, and threatened the Defendant with the Victim D (5 years old) who resides in adjoining areas by taking her hand and shaking the Victim’s cherb, and boom the kitchen (18cm in total length, about 30cm, about 18cm in kn’s length), which is an object dangerous to enter the house, and thereby threatening the Victim as a knb.

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

2. 공무집행방해 피고인은 위 1항의 일시, 장소에서 1항과 같은 이유로 112 신고를 받고 출동한 평택경찰서 E지구대 소속 경위 F이 흥분한 피고인을 진정시키려고 하자 욕설을 하며 손으로 위 F의 왼쪽 어깨 부위를 2회 때리고, 발로 F의 발을 2회 찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to D or F;

1. Application of the statutes governing seizure records and lists, and photographs of seized articles;

1. Relevant Article of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 283 (1) of the Criminal Act, Article 136 (1) of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The criminal liability of the defendant who threatened the victim on the knife of the sentencing of Article 48(1)1 of the Criminal Act, and used violence to the police officer called out, is heavy.

However, as the defendant was divided immediately after the crime and agreed with the victim of the violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.), there is no criminal force in Korea, the fact that the defendant seems to be a contingent crime, and the degree of damage to the victims.

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