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(영문) 서울동부지방법원 2013.10.24 2013고단1454
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 becomes final and conclusive.

Reasons

Punishment of the crime

Around 19:50 on June 14, 2013, when the Defendant lacks the ability to discern things or make decisions due to symptoms of mental illness, the Defendant: (a) in the “D” restaurant located in Gwangjin-gu Seoul Special Metropolitan City (Seoul) around 19:50 on June 14, 2013, and (b) in the “D” restaurant, a dangerous object on the roadside (aro 16cc and 12cc in length) on the ground that the conduct of the victim E (the age of 43) was changed to himself/herself, and (c) led the Defendant to threaten the victim by doing any act that the victim seems to be at the time of using the said shoulder news block.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the defendant in the police interrogation protocol of the defendant;

1. Statement to E by the police;

1. Each statement of E and F;

1. A report on investigation;

1. Application of the Acts and subordinate statutes on shoulder reporting block, which is used for committing the crime;

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;

2. Mitigation of mental disorders, Articles 10 (2) and 55 (1) 3 of the Criminal Act;

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

4. The main sentence of Article 62-2 (1) and (2) of the Criminal Act for probation;

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