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(영문) 의정부지방법원 2015.06.01 2015고단232
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

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. Around January 14, 2015, the Defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc.) committed assault against the Defendant, such as taking a kitchen knife (total length of 30cm, 17cm, knife length of 17cc), which is a dangerous weapon, in relation to the Defendant’s words “the thickness of female knife,” etc., with respect to the victim’s her mother, who is a woman living together with the Government-Si B (the age of 42) at home of the Gyeonggi-do government-si, and threatenings the victim, such as taking her flife, and threatening him/her with her, as the victim’s flife, with the victim’s mother.

2. At around 01:30 on January 14, 2015, the Defendant of special obstruction of performance of official duties: (a) threatened a police officer’s legitimate performance of duties on the handling of 112 reports, such as assaulting the kitchen knife (30 cm in total length, 17 cm in length) in a knife, if he does not go to E, who is a female living together in the Government-Si B of Gyeonggi-do, with 112 reports from the house of the victim C, who is a female living together in the Government-Si B of Gyeonggi-do, and called out.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. A report of investigation (investigative records No. 12 pages);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on photographic materials related to damage;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act; Articles 144 (1) and 136 (1) of the Criminal Act concerning the crime;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. The reason for sentencing of Article 48(1)1 of the Confiscation Criminal Code is the case where the aggravated area (1 to 4 years) of the obstruction of performance of official duties (1 to 1 year) (1 to 4 years) (1 to 1 year), the aggravated area (1 to 1 year), the group or multiple force, or carries dangerous objects (1 to 1 type).

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