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(영문) 창원지방법원 진주지원 2014.03.25 2013고단1314
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 1, 2013, the Defendant violated the Punishment of Violence, etc. Act (collectively weapons, etc. intimidation) was collected to drink at the front of a DNA pharmacy at the entrance of the C market at Jinju-si, and was found to be suitable for the victim E head in the vicinity of the D pharmacy at Jinju-si.

The Defendant expressed knife and knife, which is a dangerous object used by the victim to cut the sense due to the victim’s resistance, and threatened the victim with a knife and knife as the victim flife and knife as the victim flife, and threatened him.

2. In such time and place as above, the injured Defendant: (a) discarded the knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife on the ground floor; and (b) inflicted injury on the victim with the knife knife knife that knife knife knife knife knife knife knif

3. The Defendant interfered with the performance of official duties on the above date, at the above place, and on the ground that the slope belonging to the Jinju Police Station F District G, dispatched after receiving a report on the above facts, was able to ask the circumstances of the instant case, thereby obstructing the Defendant’s legitimate performance of duties in relation to G’s criminal investigation, etc. by assaulting him/her, such as the quih hand’s hand, and walking the G’s bridge with walking.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E and H;

1. Each police statement of G and H;

1. A written diagnosis of injury (E);

1. Application of the Acts and subordinate statutes to photographs showing the victim's bodily injury, and implements of crime;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act, Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the punishment of crimes;

1. Article 37 of the Criminal Code among concurrent crimes.

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