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(영문) 대전지방법원 서산지원 2014.04.17 2013고단950
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

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

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 November 25, 2013, the Defendant violated the Punishment of Violences, etc. Act (collective intimidation, deadly weapons, etc.) issued an order to drink 20,000 won in total at the market price of 320,000 won, such as beer 20,000 won in the C entertainment tavern in Jin-si, Jin-si, B, and then demanded the alcohol value from the victim D (the age of 48), and threatened the Defendant with the word “in short of the drinking value, he will die with a knife, with a knife, with a knife, with a knife, with a knife, a knife, with a knife, with a knife, with a knife, and with a knife, with a dangerous object located therein.”

In this way, the defendant carried dangerous articles and threatened the victim with any harm to his body.

2. The Defendant, at the time and place specified in Paragraph (1) of the performance of official duties, committed assault against the said F, by taking advantage of the defect that F, in order for the said F to verify the Defendant’s personal information, he saw that F, who was sent to the Escopic police station Escopic to check the Defendant’s personal information.

At around 02:30 on the same day, the Defendant continuously assaulted the said F, who was compelled to go to the police box located in G, and again took a bath to the said F, such as “Yajin Police Station E box located in G, i.e., e., knife, knife, knife, and knife,” and used his knife part of the left knife.

In this way, the defendant interfered with the maintenance of police officers' order and the legitimate execution of duties concerning the investigation of the case.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of D or F;

1. Application of the receipt statute

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act concerning the punishment of crimes (the point of obstructing performance of official duties, the choice of imprisonment with prison labor);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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