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(영문) 서울북부지방법원 2014.11.20 2014고단3273
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

[Basic Facts] The defendant is the auditor of the Seongbuk-gu Seoul Metropolitan Council of Residents' Representatives, the victim C (the victim C) is the managing director of the above apartment, and the defendant and the victim have a dispute about the management of apartment facilities by telephone around June 6, 2014.

The victim expressed to the defendant that "this cirp flab hump hump hump hump, hump not humb."

【Criminal Facts】

1. Around 11:00 on June 9, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective intimidation, etc.) stated that: (a) around 11:00, the Defendant sought the victim’s bath as above from the victim; and (b) the said apartment management office found the victim at the apartment management office, one saw ( approximately 35 cm in length), one side ( approximately 40 cm in length), one kitchen ( approximately 21 cm in length) which is a dangerous article on the victim’s books; (c) the victim entered the management office; (d) the above saw and the improvement of the kitchen that the victim would have entered the management office; and (d) the victim, at the same time, shall be able to comply with the victim’s “nicking of inland trees; and (e) the victim shall be able to comply with it, depending on whether it is possible to do so.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. The Defendant, at the time and place indicated in paragraph 1, has the above saw and improved, the kitchen knife from D to the management division of the apartment management office of the above apartment, and caused the victim to face with the breast part of the victim by hand and caused the victim to face with the pole, thereby causing approximately two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements prepared in D;

1. Records of seizure, list of seizure and photographs of seized articles;

1. Medical records;

1. Application of Acts and subordinate statutes governing recording records;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 283 (1) of the Criminal Act (the point of intimidation to carry dangerous articles) and Article 257 (1) of the Criminal 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;

1. Confiscation.

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