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(영문) 인천지방법원 2012.10.18 2012고단9982

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

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

Reasons

Punishment of the crime

On November 3, 2011, the Defendant was sentenced to four months of imprisonment with prison labor for property damage at the Incheon District Court on November 3, 201 and completed the execution of the sentence at the Incheon Detention House on January 17, 2012.

At around 17:50 on August 11, 2012, at the entrance of Bupyeong-gu Incheon Metropolitan City, the Defendant: (a) stated that “The Defendant, who was an employee of the place, was locked, “I am knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A criminal investigation report (general);

1. Before the judgment: Criminal records, personal identification and confinement status [the defendant and his defense counsel asserted that the defendant was in a state of mental disorder or mental disorder under the influence of alcohol at the time of the crime in this case. Thus, according to records, the defendant's drinking prior to the crime in this case is acknowledged, but in light of various circumstances, such as the circumstances leading to the crime in this case, the method and method of the crime in this case, and the defendant's behavior before and after the crime in this case, it does not seem that the defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the crime in this case, and thus the defendant and his defense counsel'

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do139, Jan. 1, 201>