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(영문) 수원지방법원 2014.10.15 2014고단4617

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 22, 2014, the Defendant continued to demand the victim E (52 years of age, 57 years of age, 57 years of age, and 10,000 as the victim E had 98 points because 10,000 points of age,) from the Domina room located in Young-si C at Suwon-si, Suwon-si, Suwon-si, the Defendant returned to the singing again with the victim E (5 years of age, 52 years of age, 57 years of age, and 57 years of age).

After that, the Defendant intending to see the above excessive amount from the main money to the customer, and see the victim E as the victim E's 's selling and killing', and try to see the victim E as the above excessive amount.

Then, the Defendant got off the part of the victim F's right arms, which the victim F gets off his right knife with his own right knife.

In this way, the defendant carried dangerous articles, threatened the victim E, and put the victim F with approximately two weeks of medical treatment, such as the front part of the right completion for which medical treatment is required.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G, F, and E;

1. Police seizure records;

1. Each photograph (Nos. 6,20 of the evidence list);

1. The Defendant alleged that he was in a mental and physical state under the influence of alcohol at the time of committing the instant crime. However, in light of the background leading up to the instant crime, the means and method of committing the instant crime, and the circumstances after committing the instant crime, the Defendant did not have the ability to discern things or make decisions by under the influence of alcohol at the time of committing the instant crime.

Since it is difficult to see that such assertion was in a state or weak condition, it shall not be accepted.

Application of Statutes

1. The possession of dangerous articles and intimidation against a crime: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act: Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 2 (1) 3 of the Criminal Act;