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(영문) 서울남부지방법원 2015.04.16 2014고단3661
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)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. Violation of the Punishment of Violences, etc. Act (Intimidation against groups, deadly weapons, etc.);

A. On June 15, 2014, around 00:10 on June 15, 2014, the Defendant sent the entrance door inside the Yeongdeungpo-gu Seoul Metropolitan Government CFC, in which the Defendant is living, and prevented the opening of the lock, and as such, the victim D (the 34 years old) who is the occupant of the building (the 34 years old) went out of 203, one’s house, and the victim “I am out of her house, I see the opening of the opening of the opening, I see the victim as Raber (Evidence No. 2) which is a dangerous object, and threatened the victim.

나. 피고인은 가항 기재 일시, 장소에서 겁을 먹은 D이 자신의 주거지로 들어가자, 이어 피해자 E(여, 31세)이 거주하는 102호 출입문 앞으로 가서 “씹할 년아, 내가 뭘 잘못했는데”라는 등 욕설을 하면서 102호 출입문을 위 드라이버로 수회 내리찍고, 발로 수회 걷어차 피해자를 협박하였다.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc. and damage, etc.) caused damage to police officers, upon receiving 112 report at the time and place set forth in paragraph (a) of Article 1, to open entrance doors. The Defendant sent gas to police officers by means of filling in the entrance door, with a view to the police officers, and with a view to spreading gas (proof No. 1) which is dangerous objects, and then cutting off the entrance door by means of cutting off the entrance door from the victim F-owned market.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. E statements;

1. Application of Acts and subordinate statutes of subparagraphs 1 through 3 of this Article;

1. Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Articles 283(1) and 366 of the Criminal Act concerning criminal facts

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

1. Discretionary mitigation;

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