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(영문) 의정부지방법원 2013.03.21 2013고단325
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around January 23, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, etc., with deadly weapons, etc.) said, at the home of the Defendant (hereinafter “Defendant”) around 23:20, the Defendant told the victim D and his/her son, who was the wife at his/her home, to support his/her son, and his/her son’s son, who was living in the kitchen, divided into a dispute, and collected the head of a glass located in the kitchen, which is a dangerous thing in the kitchen, and led the victim D to the number of days of treatment.

2. On January 23, 2013, around 23:35, F, etc.: (a) sent to the scene after receiving a report of 112 that there was domestic violence at the above Defendant’s office; (b) arrested the Defendant as a flagrant offender; and (c) arrested the Defendant as a flagrant offender; and (d) have the Defendant carried the clothes only in order to accompany the police box to the police box.

The Defendant, F, who she walked to F, was "Imn, Imn's governance," and the Defendant refused to wear clothes, and the F, who was f, tried to have his oral and clothes for the Defendant, was "hn's governance," with F, "Imn's oral and clothes for the Defendant, Imn, Imn, Imn, Imn, Imn, Imn, Imn's horse and clothes," and boomed F, as his hand, with the Defendant's f's satch.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the control of the crime and the maintenance of order of the above police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of statutes on site photographs;

1. Relevant Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act concerning the punishment of the crime (the point of obstructing performance of official duties, the choice of imprisonment with labor);

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope computed by adding up the long-term punishments of crimes in violation of the Punishment of Violences, etc. which are heavier than punishment, to the punishment prescribed in the aforesaid Act);

1. Article 53 of the Criminal Act for discretionary mitigation.

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