(영문) 서울남부지방법원 2014.02.06 2013고단4204

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(영문) 서울남부지방법원 2014.02.06 2013고단4204

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On October 21, 2013, at the house of Guro-gu Seoul Metropolitan Government on October 21, 2013, the Defendant fighted with the victim D (30 years of age) and drinking, and returned to C with C’s control first.

However, without returning to the house, the Defendant waited for the victim before the house of the above C, and the victim gets out of the house one hand, knife the victim's knife with another hand, and threatened the victim with the knife (7 cm in the knife length) of the deadly weapons, and harming the victim by harming the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The defendant alleged that he was in a state of mental disability by stating that he had no memory at the time of the crime of this case by being drunk at the time of the crime of this case. Thus, according to the above evidence, even though he was found that he had drinking alcohol at the time of the crime of this case, he did not have the ability to discern things or make decisions.

The defendant's above assertion cannot be accepted as it seems to be in a state or weak condition.

In light of the risk of the method of punishment and the fact that it is impossible to find out particular motive for the crime, etc., a strict liability should be imposed. However, considering the fact that the state of the punishment appears to be a somewhat contingent crime in the state of the state of the punishment and that it reflects the mistake, a suspended sentence will be imposed only once.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제1호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

유사 판례

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