(영문) 수원지방법원 2014.11.26 2014고단5447

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(영문) 수원지방법원 2014.11.26 2014고단5447

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

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A defendant shall be punished by imprisonment 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

At around 14:00 on October 3, 2014, the Defendant: (a) reported that the Defendant would drink the alcohol to her children without any particular reason; and (b) stated that the victim D, one of her wife, “I reported to her control zone, but would have reported to her own by her wife,” and said, “I will report to her own control zone again,” and said, “I will do so by her hand,” and “I will die all of her internal prices, and will die later upon reporting to the police.”

In this way, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police's statement concerning D;

1. E statements;

1. The defense counsel’s assertion of each photographic counsel argues to the effect that the defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime. However, in light of the background leading up to the instant crime, the means and method of committing the instant crime, and the circumstances after committing the instant crime, the defendant did not have the ability to discern things or make decisions by under the influence of alcohol at the time

It is difficult to view that the Defendant was in a weak or weak state, and even if the Defendant was drunk at the time of committing the instant crime, in light of the evidence and the criminal records of the Defendant, etc., the Defendant is judged to have caused the instant crime without any restraint on the influence of alcohol despite being well aware that the Defendant was able to commit violent acts when drunk. This constitutes an exception to the limitation on the ability to assume responsibility as prescribed in Article 10(3) of the Criminal Act, and such assertion is rejected.

Application of Statutes

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

1. Article 62 of the Criminal Act:

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제1호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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