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(영문) 서울동부지방법원 2014.12.03 2014고단2923
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around August 21, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc.) brought the knife knife, which is a dangerous object to his/her female, into his/her hand, and died and discarded, on the ground that the victim D (the knife, 64 years old) who was denied at the Defendant’s house located in Gwangjin-gu Seoul Special Metropolitan City C 301 was laid out TV.

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

2. Special obstruction of performance of official duties: (a) the Defendant, at the same date, at the same time, and at the same place for the foregoing reasons, and the Defendant used a knife knife, which is a dangerous object, to enter the Defendant’s house in order to investigate the circumstances of the instant case; and (b) threatened the Defendant with a knife, spacker, dead, and deceased; and (c) the circumstances F attempted to arrest the Defendant as a flagrant offender, and assault the Defendant’s left-hand face.

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties of police officers such as 112 report processing and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. Application of Acts and subordinate statutes to an investigation report (detailed F Telephone Statement Report);

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, Articles 144 (1) and 136 (1) of the Criminal Act concerning the punishment of crimes; the obstruction of performance of official duties carrying dangerous articles; and the choice of imprisonment with prison labor;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., reflects the fact that an agreement is reached with the victim of a deadly weapon, the fact that there exists no record of punishment other than twice before and after the 33-year fine, the age

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