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(영문) 대전지방법원 천안지원 2014.10.16 2014고단1068

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for one year.

The seized knife (No. 1) knife, 32 cm in length, 19.5 cm in blades) shall be confiscated.

Reasons

Punishment of the crime

Defendant,

1. On August 25, 2014, around 17:40, in front of the Japan High School located in the Dongdong-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, the victim C (Woo, 17 years of age) was found, and without any reason, tried to display a tree enormous (114cm in length) in his possession, and then assault the victim at one time when the victim tried to display his head, who would not fit;

2. On August 25, 2014, around 23:20, 23:3:20, at the time of the Yannam-gu, Yannam-gu, Yancheon-ro 92, the victim D (50 years of age) taken aboard the E-cab operated by the victim D (50) and was sealed with food blades (32 cm in total length, 19.5 cm in length) dangerous to the victim, and threatened the victim as if the vehicle would inflict bodily harm if the vehicle is not promptly moved;

3. On August 25, 2014, around 23:27, 2014, the police officer assaulted a knife knife (32 cm in total length, 19.5 cm in length) of a slope G and a police officer, who was required to leave the knife from a slope G belonging to the F police box called upon receiving a report, and from H, to leave the knife of the knife G and the police officer’s knife of dangerous articles to H, and obstructed the police officer’s legitimate performance of duties in handling the reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Protocol of the police statement concerning G;

1. Written statements of C, D, and I

1. Victims and tree flag photographs, site photographs, and knife photographs;

1. As to the assertion by the counsel regarding the present defense counsel under subparagraph 1 of the seized evidence, the defense counsel asserts that the defendant committed each of the crimes of this case at the time due to mental disorder and was in a mental and physical condition. Thus, in light of the health class, the following evidence and the process, means and method of the crime of this case, the defendant's act before and after the crime of this case, etc., it cannot be deemed that the defendant had lost or weak ability to discern things or make decisions at the time of each of the crimes of this case. Thus, the defense counsel's assertion cannot be accepted.

Application of Statutes

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