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(영문) 의정부지방법원 2013.10.10 2013고단2357
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. On June 6, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc.) (collective assaulting the victim) at around 00:10 on June 6, 2013, at the Defendant’s residence located in Spocheon-si C, for the reason that the victim D (Woo, 33 years of age) who is the wife and franchiscing were making the victim’s face several times by hand, and threatened the victim with the victim’s face by gathering the above-mentioned (the degree of 21cc in length of the knive day) which is a dangerous object.

The defendant, carrying a deadly weapon, assaults the victim.

2. At around 00:10 on June 6, 2013, the Defendant of special obstruction of performance of official duties: (a) in front of the above Defendant’s residence inspection room, at around 00:10, the Defendant: (b) took one action, and (c) took one of the following actions: (a) the assistant F of the Macheon Police Station Emba, sent out, after having received a report to exercise violence, as stipulated in paragraph (1) and, (b) was to confirm the above reported matter; and (d) the said F was to take advantage of the improvement (at least 21§¯ in the blade length) that is a dangerous thing; (b) threatened the F, “I will die if I will do so,” and (c) continued to take the above improvement toward F.

The Defendant continued to commit assault by setting up a well, which is a dangerous object (53.5 cm) that was used by another hand, to the floor, and setting up a shacker to the floor by cutting down the improvement, going beyond the direction of F, and committing assault by F to the effect that “I would kill the back of it with a brick” to the end of F, and that F would go beyond the floor.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers for the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Photographs of damaged parts;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Article 3(1) of the Act on the Punishment of Violences, etc. and Selection of Punishment of Crimes;

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