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(영문) 의정부지방법원 고양지원 2013.12.19 2013고단1877
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. On September 1, 2013, the Defendant reported to the police of the Republic of Korea on the ground that the victim D (the age of 32) who resides in the above Dolle 201 (the age of 32) paid a large amount of noise by the Defendant, at the residence of the Defendant, Goyang-gu Clle 301, Goyang-gu, Goyang-gu, Goyang-gu, Mayang-gu, 301.

Accordingly, the Defendant, upon receiving a report, stated to the effect that “no noise has been caused” to the police officer dispatched, and the Defendant saw that the victim dumpeded the Defendant’s bomb and dump, which is a dangerous object in the house, and boomed the victim “hump and death.” The Defendant dumpeded the victim with the said dump.

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

2. Violation of the Punishment of Violences, etc. Act (the destruction and damage, etc. of a deadly weapon, etc.) was committed by the Defendant, at the same time and time as the preceding paragraph, from the corridor and stairs in front of 301, the above C loan No. 301, and, on the ground of the same reason as the preceding paragraph, he saw the above D as a dangerous object, and let the victim E, the owner of the above Ba Ba Ba, get off the stairs, rail and wall, which are the dangerous object, and ring off the rail, and s

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act).

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