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(영문) 대전지방법원 2013.07.25 2013고단1763
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. On May 12, 2013, the Defendant violated the Punishment of Violence and Violence, etc. Act (a collective, deadly weapons, etc.) committed assault against the victim by taking a hump, which is a dangerous object under the custody of the main hump in his/her dwelling place, by putting the victim a hump in his/her hand, and breaking the hump of the victim D (hereinafter referred to as "hump, 42 years old), a hump of the victim D (hereinafter referred to as "hump"), a hump, a dangerous object under the custody of the main hump in his/her dwelling place, following the hump of his/her dwelling place, and hump the victim's “humping the hump,” and threatening him/her by taking the hump around his/her dwelling place, without any special reason.

2. Around 21:35 on the same day, the Defendant, at the same time and at the same time, threatened the police officers of the Daejeon Police Station E-districted by the Defendant, F (51) and Bridge G (46) who were police officers belonging to the Daejeon Police Station E-districted by the Defendant, and prevented the Defendant, and again enter his residence, and puts the sprink, which is a dangerous object under the custody of the kitchen sprink, and puts a threat to the police officers, such as “to throw away the spare from the sprink.”

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties by police officers who handle 112 reports.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. F's self-written statement;

1. Application of the photographic Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, Articles 144 (1) and 136 (1) of the Criminal Act concerning a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor for selective assault or 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. The Criminal Act, the suspension of execution;

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