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Reasons
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(영문) 수원지방법원 안산지원 2013.11.08 2013고단2233
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 23:00 on July 19, 2013, the Defendant: (a) under the influence of alcoholed by the victim C (the age of 18), etc., who is satisfing in a play room B in Ansan-si, Ansan-si, Ansan-si; (b) brought about a knife (the length of the knife) at his hand, which is a dangerous object in the Defendant’s house and the kitchen located in the Defendant’s house, and threatened the victim by taking advantage of dangerous objects, such as the victim’s knife (the age of 20cm).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to deadly weapons photographs;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflective points and initial charges);

1. Article 62 (1) of the Criminal Act (including the fact that it appears that contingent crimes have been committed under the influence of alcohol and that social ties are evident);

1. As to the Defendant’s assertion of Article 48(1)1 of the Confiscation Criminal Act, the Defendant alleged that drinking was in a state of mental or physical disability or mental disorder at the time of committing the instant crime, and thus, according to the records, the Defendant was deemed to have a drinking at the time of committing the instant crime. However, in full view of the circumstances and results of the instant case, the Defendant did not have the ability to discern things or make decisions at the time of committing the instant crime, taking into account all the circumstances such as the Defendant’s behavior before and after committing the instant crime

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

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