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(영문) 수원지방법원 2015.11.05 2011고단3338

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On September 11, 2008, the Defendant sentenced the Suwon District Court to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Punishment of Violences, etc. Act (a violation of group, deadly weapons, etc.) and for a violation of the Punishment of Violences, etc. Act and completed the execution of the sentence on October 16, 201.

At around 17:20 on July 11, 201, the Defendant, at the D restaurant operated by the Defendant’s mother-child C in Suwon-si, Suwon-si B, as well as the victims, such as “I will die on the part of the victim’s name, who was a first aid worker,” and “I will die on the part of the victim’s name, who is a dangerous object to the victim’s name, who was a first aid worker,” and “I will die on the part of the victim’s name, who was the victim’s in the near Eferer in the near Eferer, Dad the victim’s name, who was the victim’s poor victim’s victim’s victim’s victim’s victim’s name, was fluort, and the police officer would die on the part of the victim’s name,” who “I will die.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Police seizure records;

1. Paper photographs;

1. Each report on investigation;

1. Previous records: Application of inquiry inquiry reports and reference materials, such as criminal records, and Acts and subordinate statutes submitting them;

1. Relevant Articles of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the crime. Article 283 (Selection of Imprisonment);

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders is that the first responder at the time of the instant case committed the instant crime in the course of the Defendant’s resistance against the Defendant by carrying the Defendant on the first-aid vehicle, and there are circumstances to consider the motive for committing the instant crime. The Defendant was hospitalized in a mental hospital for about four years after the instant crime, and received treatment due to alcohol dependence and sulfur disorder.

In addition, the defendant is against his criminal act.

On the other hand, the defendant has threatened not only the first responder who had taken aboard him on the part of the first responder but also the residents of the same kind. The risk of the crime of this case is large and the nature of the crime is high.