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(영문) 창원지방법원 진주지원 2015.03.31 2015고단7
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

1. A violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) and the Defendant assaulted the victim on the ground that the victim C (here, 28 years of age) took a bath in the Defendant’s residence located in Sacheon-si B on August 26, 2014 on the ground that the victim C (here, she was imprising the breath by drinking, etc.) immediately before the day before the victim C (the 28 years of age) took a breath and breath of the victim’s breath, etc., and continued to take a dangerous thing in the kitchen on the victim’s face, and threatened the victim.

2. On August 26, 2014, at around 21:12, the Defendant obstructed the police officer’s legitimate execution of duties concerning the handling of reported cases by him/her at one time at the location described in paragraph (1), namely, “whether or not the police officer enters the remaining house” and “I wishing to talk.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. The application of Acts and subordinate statutes to the D District Work Site (Duplicates) and to report internal affairs (the attachment, etc. of deadly weapons);

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 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 136 (1) of the Criminal Act (the point of violence, the choice of imprisonment with prison labor), and Article 136 (1) of the Criminal Act (the point of

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 (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant for the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order committed the instant crime under the influence of alcohol despite the number of criminal records. As such, the crime committed during the commission of alcohol is not subject to prior consideration, but rather subject to the influence of alcohol.

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