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(영문) 수원지방법원 2015.03.18 2014고단1373
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 22:10 on March 3, 2014, the Defendant, in violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) reported the victim D (the age of 36) who walked on the road in front of Osan City, and threatened the victim with the victim, without any reason, by stating that “I wish to be killed,” and “I wish to be killed, I would like to see that I would see that I would see that I would see the hacker, which is a dangerous object that I had in advance, to be killed,” and by expressing it to the victim, “I would see whether I would see it with a width, I would see it, I would am dead.”

2. The Defendant, while threatening to D at the time and place of the performance of official performance of official duties, expressed the desire to “I am out, am out, and am out,” to G without any reason to ask the circumstances of the instant case by the slope G belonging to the F District called “I am out, am out, and am out,” and attempted to go to E, and prevented G from getting out, and thereby interfered with a police officer’s legitimate execution of official duties who conducts the duty of reporting 112, such as coming out of the floor by taking left hand, coming out on the floor of the victim’s hair, and going back to the victim’s hair once.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police protocol of statement about D, E, and G;

1. Application of Acts and subordinate statutes to investigation reports (field status, etc.) and field photographs;

1. Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act (wholly amended by Act No. 12896, Dec. 30, 2014); Article 283(1) of the Criminal Act; Article 136(1) of the Criminal Act for criminal facts;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Type 4 (Habitual, Cumulative, and Special Intimidation) of the grounds for sentencing under Article 62(1) of the Criminal Act shall be as follows:

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