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(영문) 부산지방법원 2015.03.26 2014고단4240
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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A defendant shall be punished by imprisonment for one year.

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. From around 23:50 on March 5, 2014 to around 00:10 on March 6, 2014, the Defendant: (a) placed a kitchen-style kitchen-style kitchen (21cm in length) which is a dangerous thing in front of the entrance of the 401st head of the Busan Western-gu D Building, and continuously opened the entrance, and (b) continued to open the entrance, the Defendant “a door opening a string, Chewing laf, and labing down the death,” thereby threatening the victim E (the 22 years old), etc. (the 401 head of the 401 head of the Gu having her friendship.).

2. On March 6, 2014, the Defendant: (a) received a report on March 6, 2014, and received a request from two persons, such as a slope G belonging to the F District of the Hean Police Station, and called out, refused to comply with the request; (b) he saw the kitchen in the above kitchen in a way that could cause harm to the said G, and thereby obstructing the police officer’s legitimate performance of official duties concerning the crime prevention by threatening the above G by threatening about about 10 minutes, such as the instant kitchen in a way that would cause harm to the said G.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to G and H;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes governing deadly weapons;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Crimes; Articles 283 (1), 144 (1), and 136 (1) of the Criminal Act concerning the punishment of crimes;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Taking into account the reason for sentencing under Article 48(1)1 of the Criminal Act, including the content of the instant crime and the fact that the Defendant had no criminal record

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