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(영문) 대구지방법원 경주지원 2014.02.07 2013고합77

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Criminal facts

The facts of the cause of medical treatment and custody [criminal facts] The defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendants") are legal spouses of victims E (the age of 39).

The Defendant, under the influence of alcohol, had weak ability to distinguish things or make decisions, and the Defendant found the house after the husband’s fighting that the victim was unable to get the Defendant’s telephone on September 16, 2013 and returned to the victim’s house on September 16, 2013, on the ground that the victim was in F on September 16, 2013.

The defendant called "if the victim would have left at the time when he was fested", and knife a knife (30 cm in total length, 20 cm in length) which is a dangerous object prepared in advance was cut off on the part of the victim, and the victim resisted against the knife and the victim resisted against the knife that knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

[Facts of Cause of Medical Treatment and Custody] The Defendant committed a crime that falls under a sentence of imprisonment without prison labor or heavier in the state that the Defendant lacks the ability to discern things or make decisions, and is believed to require for a future illegal period of medical treatment, including mental education, such as short-time education, interview, drug clothes, etc., and requires hospital treatment or medical treatment and custody to initiate the mental therapy of the military with symptoms of alcohol, and commits the same kind of crime in the past under the influence of alcohol. In light of the fact that the Defendant committed a crime in the past, medical treatment and custody

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Investigation report (Attachment of a photograph of the victim) - photographs of the victim's injury, investigation report (Attachment of a statement of opinion of the doctor in charge of the injury of the victim);

1. Necessity of treatment as indicated in the judgment and risk of recidivism: Each of the above evidence;