폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
A defendant shall be punished by imprisonment for four months.
Punishment of the crime
The defendant has committed the following crimes under the status that the defendant lacks the ability to discern things or make decisions due to stimulative disorder:
1. On December 3, 2014, at around 15:00, the Defendant damaged the above property at the market price by releasing the victim D, a husband of a de facto marriage relationship, and the house, fireworks, and glass bottles owned by the Defendant, at the house of the Defendant, who was in a de facto marital relationship No. 2 Dong 101, a husband of a de facto marital relationship.
2. On December 10, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) at around 20:15, on the street in front of “F” in the Chungcheongbuk-gun E, Chungcheongnam-gun, without any justifiable reason, threatened the victim with the victim’s left face one time by drinking a hand, on the ground that: (a) the victim G (the age of 53) laid down his/her arms in front of his/her HF or another vehicle operated by the victim G and prevented the traffic of the said vehicle by cutting down his/her arms on the front of the HF or another vehicle; and (b) the victim demanded the victim from the driver’s seat to fall on the vehicle.
In this respect, the defendant carried dangerous objects and assaulted the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police officer's statement about D and G;
1. A criminal report (Attachment of moving images), a video CD;
1. A 112 Report status, written request for emergency hospitalization, written confirmation of hospitalization, previous convictions for the same kind of crime, application of Acts and subordinate statutes concerning summary order;
1. Article 36 of the Criminal Act applicable to the crime, Article 366 of the choice of a punishment, Article 36 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act (a crime committed against a group, a deadly weapon, etc.);
1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;
1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50 of the Punishment of Violences, etc. that is heavier than punishment (a concurrent crime, such as a group, deadly weapon, etc. shall be sentenced to minor punishment;