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(영문) 서울서부지방법원 2016.01.13 2015고단2222
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 5, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor by obstructing business operations at Seoul Western District Court, and on July 1, 2015, the Seoul Southern District Court completed the enforcement of the sentence on July 1, 2015.

On September 2, 2015, around 05:30, the Defendant discovered that the victim C (47 years of age) was seated in the above park bed, and that the victim was able to sit in the above park, on the ground that there was a refusal of one’s past subparagraphs, and that the victim was debrised under the influence of alcohol on the ground that he did not refuse his own in the past, and that the victim was debrised, the Defendant was able to do so, and the victim was able to do so.

The purpose of this article is to say, “I am all,” and to threaten the victim on the part of the damaged person’s ship that is a dangerous object.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. Sicker's photograph;

1. Previous conviction: Determination on a reply to inquiry, such as criminal history, investigation report (the fact that a criminal suspect has committed a repeated offense) and his/her defense counsel's assertion;

1. The Defendant, while under the influence of alcohol at the time of committing the instant crime, did not memory.

Inasmuch as the Defendant made a statement to the effect that he was in a state of mental or physical loss or mental weakness, according to each of the above evidence, even though he was aware of the fact that he had drinking alcohol at the time of the crime of this case, it does not seem that he did not have the ability to discern things or make decisions, or that he did not have the ability to discern things due to it, and thus, the above argument by

2. The Defendant and the defense counsel asserted that the crime in the judgment constitutes a legitimate defense or excessive defense as an act to defend the injury inflicted by the victim C, but there was any infringement of the victim.

There is no evidence to see, and in light of the circumstances, process, the degree and method of the defendant's injury, etc., the defendant's act is his own act.

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