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(영문) 창원지방법원 2014.06.17 2014고단384
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. The seizure of articles 1 and 2 shall be confiscated;

Reasons

Punishment of the crime

1. Around 01:30 on August 28, 2013, the Defendant was in violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) : (a) the Defendant sent the police officer’s complaint to the police officer’s performance of duties who was sent after receiving a report from the operator D because he did not drink and pay the drinking value at the Cju's point in front of the Seocho-gu Jinsan Elementary School located in Seocho-gu, Seoul; (b) the Defendant 10 meters in total (22 cm in length) and 19.5 cm in length going to the Embs box of the Jinhae Police Station; (c) the Defendant sent the victim F (15 years old) who was faced with his bed at the place of the bed; and (d) the victims were 10 meters in prison, such as the victim’s knife and knife, knife, etc. who was in possession of G (16 years old).

2. At around 01:45 on the same day as the preceding paragraph, the Defendant interfered with the legitimate performance of duties by police officers in relation to police officers’ security service by intimidation, such as threatening H and slope I who were on duty at the said police box, while serving in the said police box, while carrying out excessive tasks under the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

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

1. Written Statement;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to a investigative report (a CCTV to capture);

1. Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 283(1) of the Criminal Act (the occupation of intimidation to carry dangerous articles), Articles 144(1) and 136(1) of the Criminal Act concerning the crime;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of imprisonment for the crime of special obstruction of performance of official duties;

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

5. Discretionary mitigation is below Articles 53 and 55(1)3 of the Criminal Act.

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