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(영문) 광주지방법원 2014.03.28 2014고단297
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around December 16, 2013, the Defendant, in violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) drinked alcohol with the victim E (the 36-year age), etc. at Dhop in Nam-gu, Nam-gu, Gwangju, about 02:10 on December 16, 2013, the Defendant: (a) saw the above victim two vehicles; (b) saw the victim as he was refused; (c) saw the victim into a sofed; (d) breaking the bend; and (e) breaking the beer’s disease, etc. on the floor following the table, breaking the beer, etc. on the floor; and (e) harming the victim by taking the brush, which is a dangerous object, by taking the victim into consideration, and threatening the victim.

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

2. At around 02:40 on the same day, the Defendant committed an assault against the said G due to the following: (a) when he was reported by the Defendant at the place specified in the foregoing paragraph (1) at around 02:40 on the same day, and was sent to him by 112, from the F District Vest G of the Gwangju Southern Police Station, the Defendant took a bath in a large voice, “I must see, she would come to her head, her head, her head, her head, and her head, her head, her head, and her head, her head, her head, and her head, her head, her head, and her head, her head, her head, and her head, her head, her head, her head, and her head, her head, her head, her

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the control of crimes and the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to G and E;

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, and Article 136 (1) of the Criminal Act concerning the crime;

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(1) of the Criminal Act provides that the Defendant agreed with the victim E at the stage of investigation.

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