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(영문) 울산지방법원 2014.10.17 2013고단3587
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

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

1. Crimes against victims C;

A. On April 3, 2013, the Defendant, while under the influence of alcohol on the collection method of D Victim C (Min, 78 years of age) in Yangsan-si on April 18, 2013, the Defendant expressed that “the victim would be at the normal level and go to the normal level of one’s own,” and expressed that “the victim would be at the normal level of one’s own seat,” thereby threatening the said victim as a dangerous object.

B. The Defendant committed the crime on April 4, 2013: (a) around 09:00 on April 4, 2013.

For the same reason, while under the influence of alcohol at the same place as in the same paragraph, the victim C expressed the victim C’s desire to “Idddle,” and expressed the above excessive and industrial knife (25 cm in length, including knife,) as dangerous goods, and threatened the victim with the threat as in the knife.

2. On April 4, 2013, around 09:20, the Defendant committed the crime against the victim E, and threatened the victim, with excessive and industrial knife as stipulated in Paragraph 1, which is a dangerous object, on the ground that the Defendant was under the influence of alcohol from the “G”er of the victim E (n, 60 years old) operated by the Yangsan-si F, and went to the issue of the credit value, and made a threat to the victim, as the victim’s knife.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Seizure records;

1. The defendant's defense counsel in the determination of the suspect's residence and knife photograph, and the defendant asserted that the defendant was in a state of mental disability due to the existence of alcohol at the time of each of the crimes in this case. Thus, according to the trial records, it is recognized that the defendant received medical treatment due to the proof of alcohol, but the defendant did not have the ability or decision ability to discern things at the time of each of the crimes in this case.

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

Application of Statutes

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

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