logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2013.12.12 2013고단3658
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 3, 2013, from around 17:00 to around 19:00, the Defendant 25 Dong B house 302 and the victim C (n, 67 years of age) were living together between South Korea-si B house 25 Dong 302, and the Defendant was threatened with the victim by pointing out the knish and the knick, which were deadly weapons, which were used by the Defendant at the home of 2 to 30 days.” The Defendant saw the knick and the knick, which were used by the Defendant at the house of 2 to 30 days.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the defendant is against his/her will and that the victim does not want the punishment of the defendant because he/she has agreed smoothly with the victim);

1. As to the Defendant’s assertion and its determination on suspended execution under Article 62(1) of the Criminal Act (refluence in favorable circumstances) are alleged to the effect that the Defendant was in a state of mental disorder or mental retardation under the influence of alcohol at the time of the judgment, the Defendant was in a state of mental disorder or mental retardation. Thus, according to the aforementioned evidence, the Defendant is deemed to have been under the influence of alcohol at the time of the crime

Since it seems that the defendant was in a state or weak condition, the above assertion by the defendant is rejected.

arrow