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Reasons
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(영문) 창원지방법원 진주지원 2015.10.28 2015고단669
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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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. On April 4, 2015, at around 13:30, the Defendant threatened the victim by using a clock tree, which is a dangerous object, in the site owned by Sacheon City, as the victim I (the 53 years old) was intending to sell kump flowers trees between the said site and the orchard store located in Sacheon-si, Seoul. As the victim I (the 53 years old) was said to be “nick hump.”, the Defendant, at the victim’s head, was in the process of cutting the above hump trees at the hump, thereby impairing the victim by using the hump tree, which is a dangerous object.

2. Any person who intends to operate construction machinery shall obtain a construction machinery operator's license from the head of a Si/Gun/Gu;

The Defendant operated G-owned H softs without a construction machinery operator's license, while working for cutting straws, such as straws, at the time and place of the above paragraph (1).

3. On April 18, 2015, from around 11:00 to around 11:00 on May 11, 2015, the Defendant interfered with traffic by putting 12gs of trees on a dry field owned by the Defendant and a dry field located in K in Sacheon-si with a view to planting 12gs of trees on a farming road between the dry field located in K in Sacheon-si, thereby hindering traffic by making it impossible for the Defendant to use the above road for the traffic of the general public.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. A reply following a copy of a construction machinery registration certificate and a request for investigation cooperation;

1. Application of each statute on photographs;

1. Relevant Article of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Article 41 subparagraph 2 of the Construction Machinery Management Act, Article 26(1) (a) of the Construction Machinery Management Act, Article 185 of the Criminal Act, the choice of imprisonment for a crime

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

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act is operated by the defendant, even though the defendant does not have a construction operator's license.

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