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(영문) 서울남부지방법원 2016.01.26 2015고단4530
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Special injury Defendant: (a) around September 7, 2015, at around 07:20, the victim D (V, 39 years old) who is the birth of the Defendant, living together in the Defendant’s dwelling in Geumcheon-gu Seoul Metropolitan Government (C201) and the Defendant did not without permission whether the Defendant was demoted by the victim.

For the reason that the victim saw the neck of the victim or the victim, and saw the victim's resistance against the defendant, the victim saws down the trees, which are dangerous objects on the floor of the victim's right, (No. 22 cm in diameter, No. 1). The victim saw the victim's left side of the victim's side, and saw the victim as a tymbl on the part of the number of days of treatment.

2. The Defendant’s mother was in contact with D at the time and place specified in paragraph 1, and the Defendant’s mother was in contact with D, and the Defendant’s her mother was in contact with the Victim E (V, 67 years of age), and the knife knife knife (15cm in total length, 8cm in length, flife 8cm in length, flife 2) was in contact with the Victim, and threatened the Victim who is a lineal ascendant or descendant with the Victim.

3. The Defendant obstructed the performance of special official duties at the time and place specified in paragraph 1, and at the place specified in paragraph 1, and after receiving 112 reports, the Defendant responded to the speech that he would cause the knife of the said knife from the slope G, a police officer belonging to the Seoul Geumcheon Police Station F District, which was called the Seoul Geumcheon Police Station, and complied with G, and continued to display the said knife with and keep the said knife.

Accordingly, the defendant carried dangerous objects and interfered with the police officer's legitimate execution of duties concerning handling reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, E, and G;

1. Application of Acts and subordinate statutes of No. 1 and 2;

1. Articles 258-2 (1), 257 (1), 284, 283 (2) and (1), 144 (1) and 136 (1) of the Criminal Act concerning the crime;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (including the fact that a victim D or E does not want the punishment of a defendant) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be considered);

1. Confiscation of each Criminal Code;

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