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(영문) 춘천지방법원 영월지원 2014.10.17 2014고단407
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 0:55 on September 11, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) ”E’s operation of the Victim D (A, 59 years of age) in Thai-si, Thai-si, an entertainment drinking house, knife a knife (the knife length of 24 cm) prepared without any reason under the influence of alcohol, and returned to the indoor room, and opened a knife, and the victims, employees, and customers, who were frighted, have taken a sound voice, called “the knife” and “the president B” and “the knife knife knife knife”.

As a result, the defendant possessed a knife, which is a deadly weapon, and expressed his behavior that seems to be harmful to the victim.

2. The Defendant committed an act of obstruction of performance of official duties on the date, time, place, etc. described in paragraph (1) and in a place where 112 was reported, and the circumstances leading up to the F District of the Taecheon Police Station F District G, who was called out, intended to identify the Defendant’s personal information, and assaulted the said G by bather bating bats with a hand,

Accordingly, the defendant interfered with the legitimate performance of official duties concerning the handling of 112 reporting duties by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, G, and H;

1. Application of Acts and subordinate statutes on seizure records;

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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Application of the sentencing criteria;

(a) Crimes in violation of the Punishment of Violences, etc. Act (referring to the scope of recommendations), intimidation (referring to habitual offense, repeated offense, special intimidation) and imprisonment with prison labor for the mitigated area;

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