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(영문) 창원지방법원 진주지원 2013.07.24 2013고단423
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six 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

[2013 Jinju, around 17:00 on March 17, 2013, the Defendant left the knife (knife length approximately 20cm) with a knife, which is a deadly weapon, on the ground that the Defendant had a knife with a knife and a stone with a string of the entrance, at the residence of the Defendant D apartment 101 Dong 107, which was located in Jinjuju City.

At around 17:20 on the same day, the Defendant expressed the attitude that the victim E (the age of 31) who was travelling along a D apartment path without any justifiable reason, brought about a knife and knife the knife, and threatened the victim with the knife and the knife of the knife.

[2013Kadan546] On May 12, 2013, the Defendant: (a) was asked by G during the police box of the Jinju Police Station, who was dispatched after receiving a report of assault in Jinju City, on the part of G on May 18:31, 2013; (b) the Defendant: (c) took a bath to the said G, stating, “Chose and v. Faches will be subject to feassing”; and (d) threatened the instant G by taking the kacker knife (14cm in length) which is a dangerous object in the spread of the knife, thereby threatening the said G.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate performance of duties of police officers concerning investigation affairs.

Summary of Evidence

[2013 Highest 423]

1. Defendant's legal statement;

1. Each police statement of H and E;

1. Records of seizure and the list of seizure;

1. A photograph of seized articles (2013 piece 546);

1. Legal statement of witness G;

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

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, Articles 144 (1) and 136 (1) of the Criminal Act (the appointment of imprisonment with prison labor, with prison labor, for the purpose of obstructing the performance of special duties

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. It seems that an agreement is reached with the victim E under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, and that the victims’ degree of damage is not much serious.

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