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(영문) 대구지방법원 안동지원 2014.02.11 2013고단500
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. On July 29, 2013, the Defendant, at the time of permanent residence C around 01:35, 201: (a) the “Eju store” operated by the victim D (the age of 45) who was under permanent residence C, expressed the above victim the alcohol amount of KRW 200,000; (b) however, the said victim did not have received the alcohol value.

Accordingly, the Defendant expressed that the victim did not drink any alcohol in advance, and expressed that “I will not see why you will drink the alcohol in advance, or why you should see she?” In doing so, the Defendant abusedd the bags for batteries (20 cm in length, 8 cm in daily length), which are dangerous articles prepared in advance, from a white plastic paper paper, or threatened the victim about about 20 minutes of the face by leaving the ice ice on one occasion at the above cell paper, following the victim’s escape.

2. The Defendant, at the same time and place as paragraph (1) of this Article, took place against the police box G, who was dispatched after receiving a report of 112, to arrest the Defendant as an offender in the act of committing an act of committing an act of committing an act of committing a crime, and took the bath to the above G, which read, “I am fright. I am am fling. I am. I do not am. I am. I do am. I am. I am bling the balth of the police officer, and interfered with the legitimate execution of duties concerning the arrest of

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or G;

1. Each protocol and list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (on-site photographs, such as cell bags, and photographs shot away from police officers' uniforms);

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; Article 136 (1) of the Criminal Act; Article 136 (1) of the Criminal Act; the choice of imprisonment;

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 of the Criminal Act:

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