(영문) 대전지방법원 2014.12.23 2014고단3735

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(영문) 대전지방법원 2014.12.23 2014고단3735

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

In around 2004, the Defendant filed a complaint with the Daejeon East Police Station, which was damaged by fraud, but the Defendant was ordered to suspend prosecution against the Defendant, but the statute of limitations has expired in around 2011, and the Defendant appealed against the police.

1. On November 10, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) in possession of one knife (23.5cm in total length, 12.5cm in length, 12.5cm in length, and No. 1) on the part of 23:25 on November 10, 2014, the Defendant threatened the victim C (20 years of age) who was seated in the waiting room near the civil petitioner room of the first floor of the Daejeon East Police Station due to alcohol and was able to find it in the said police station, and then threatened the victim with the eye “to throw away the bamboo” after leaving the victim’s knife with the knife.

2. At the same time and place, the Defendant in special obstruction of performance of official duties: (a) when threatening C as above at the same time, and (b) when the investigation and the slope D (the age of 40) belonging to the Defendant on night duty did not see why he d (the age of d.e., d. d. d. d. d. d. d. d., while d. d. d. d., d. d. d. over several times, the Defendant obstructed the legitimate execution of duties concerning the suppression of the crime of D, a police official by carrying a knife k, which is a dangerous object, by threatening him.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to DC;

1. Application of Acts and subordinate statutes concerning police seizure records and seizure lists;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 3 (1) and Article 283 (1) of the Criminal Act, Articles 144 (1) and 136 (1) of the Criminal Act (the occupation of special obstruction of performance of official duties and the choice of imprisonment) of the same Act;

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

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

참조조문

-폭력행위 등 처벌에 관한 법률

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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