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(영문) 수원지방법원 안산지원 2015.11.12 2015고단2589
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On September 1, 2015, the Defendant brought a dispute with the victim C, who was a new wall around September 1, 2015, and became a house, and the victim C was able to grow with himself and herself.

After the Defendant’s month

2. At around 01:30, in front of the Defendant’s house located in Dogra B02, the Defendant’s phone calls to the Defendant Nonparty E, saying, “I would do not want to kill, I would like to die,” and “I would like to die, I would like to enter the house with approximately one liter of “I would like to die, I would like to die,” and “I would like to die, I would like to see the victim C and F as the victim C and children,” and the above believers spreads to the ward and the inner floor of the inner room, and spreads the Ba to the public more than 2 to 3 times, while the victim C caused the Defendant’s hand to drop the Defendant, and prevented it.

As a result, the defendant prepared the fire prevention of the above structure for the purpose of destroying a building in which people exist, and threatened victims by using saves and saves which are dangerous objects.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police in relation to C and E;

1. Application of each of the visual Acts and subordinate statutes to field photographs and photographs of seized articles;

1. Articles 175 and 164(1) of the Criminal Act applicable to the relevant criminal facts, and Articles 284 and 283(1) of the Criminal Act concerning the criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The defendant and his defense counsel asserts that the defendant and his defense counsel had a state of mental disability under the influence of alcohol at the time of committing the crime in this case.

According to the records of this case, although the defendant appears to have served alcohol at the time of each of the crimes of this case, the circumstances before and after the crime, and the preparation process of the instrument to commit the crime.

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