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(영문) 대전지방법원 2014.04.10 2014고단163
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 03:00 on January 7, 2014, the injured Defendant was suffering from the victim D, a female living together with the Defendant (the 31-year old-gu, Seo-gu, Daejeon) at the home of the victim D (the 301-year-old), who is a female living together with the Defendant, of the Seo-gu Seoul Building C, on the ground that the victim said that “the victim would have become aware of why he would have been divorced,” and caused the victim to suffer from the injury, such as a fluoral salt, which requires the victim’s treatment for 14 days, on the ground that the victim said that “the victim would have become aware of why he would have been divorced.”

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) had a kitchen knife, which is a deadly weapon that was in the kitchen while assaulting the victim at the time and place specified in the preceding paragraph, and threatened the victim with a kitchen knife, and told the victim to “brut”, and thereby threatening the victim.

3. At around 00:50 on January 9, 2014, the Defendant committed assault, such as: (a) the entrance door was opened before the house as set forth in paragraph (1) and the slope F belonging to the Daejeon District E zone of the Daejeon Police Station, which was called upon receiving a report of 112; (b) the Defendant expressed the Defendant’s face “I”, “I am, I am, I am, I am, I am, I am, I am, I am, I am am.”, and assaulted the Defendant’s face by her hand, such as “I am, I am, I am, I am, I am, and I am.”

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 Reporting Cases by F, a police official.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to F and D;

1. Application of Acts and subordinate statutes, such as a written diagnosis of injury and photographs, and photographs;

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, Article 257 (1) of the Criminal Act, Article 136 (1) of the Criminal Act (the occupation of intimidation with a deadly weapon), Article 257 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act (the occupation of obstruction of performance

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

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