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(영문) 창원지방법원 마산지원 2013.07.24 2013고단448
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 08:00 on April 21, 2013, the Defendant violated the Punishment of Violences, etc. Act (Intimidation, such as group, deadly weapons, etc.) committed a dispute with the Defendant’s house located in Changwon-si, Changwon-si B apartment No. 114 and 802, with respect to the church of the victim’s wife C (the victim’s age of 38). On the other hand, the Defendant took the attitude that he/she seems to have taken the view that he/she would look at the victim’s house after gathering a cryr who was in the main line, and then making a cryping the victim’s house, which is a dangerous object that was kept in the aforesaid knife, and threatened the victim as he/she in his/her hand.

2. The Defendant, at the above date, at the above time and place of obstruction of performance of official duties, told the above E, who was asked questions about the situation of the instant case by the security guards of the Mapo-dong Police Station D police box, sent out after having received 112 reports from the victim’s intimidation, and tried to take a knife by taking the knife for keeping the knife with the knife for keeping the knife, and as the knife would be faced with the face of the above E, by threatening the police officer to interfere with legitimate execution of duties concerning the crime prevention and maintenance of order

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes on seizure records;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 283 (1) and 136 (1) of the Criminal Act (Selection of Imprisonment with prison labor for the crime of obstruction of performance of official duties);

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

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of crimes, etc.);

1. Suspension of execution: Article 62 (1) of the Criminal Act (agreement with victim C, reflectivity, etc.);

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