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(영문) 수원지방법원 안양지원 2014.01.16 2013고단1531
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)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 October 22, 2013, the Defendant violated the Punishment of Violence, etc. Act (collective threat of deadly weapons, etc.) made a noise dispute with the victim C (the age of 63) who is the manager of the above building (the age of 63) and the relevant building due to the installation work of stairs replacement around 16:35 Ansan-gu B and 101, and threatened the victim with the expression "a director who is in a different place if only a fire is caused" by the victim, she listens to the word, shes to the word, shes to the other place, shes the victim, shes his/her fry, and her frying to the victim, while continuing to put him/her a dangerous object (Evidence No. 1, 22 cm in total length, approximately 12 cm in blade-day).

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. On November 5, 2013, the Defendant, in violation of the Punishment of Violences, etc. Act (a collective violence with a deadly weapon, etc.), collected the brick (a 10cm in length, approximately 10cm in length, about 10cm in length), which is a dangerous object in a flower while taking a bath, and collected the victim by gathering the brick (a 10cm in length, about 10cm in length, about 10cm in length) at the places described in paragraph (1).

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Seizure records;

1. Application of the Acts and subordinate statutes on bricks, photographs, mountaines, and excessive photographs;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act (the occupation of assault to carry dangerous articles);

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. For the reason of sentencing under Article 48(1)1 of the Criminal Act, each of the crimes of this case by the defendant is the victim with dangerous articles.

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