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(영문) 서울중앙지방법원 2013.05.24 2012고단7083

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

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 December 18:10 on December 7, 2012, the Defendant: (a) was in the state of having weak ability to discern things or make decisions due to mental illness, such as damage, symptoms, etc.; (b) around 18:10, the Defendant: (c) around the D hotel street in Jung-gu Seoul Metropolitan Government, and (d) around the network where D hotel E president, etc. sing and drinking himself, etc. (e.g., 2 beer, and (e., 4:1) had a beer who was a victim F (ma, 42 years old) who is the above hotel manager, and a beer who was divided into a farcing ties with the above hotel employees, such as the above victim, etc., who kept a beer over the brod, and puts a beer in the farc with the above victim’s remaining beer who was a dangerous object, and farcing the farc with the end of the farc.

As a result, the defendant carried dangerous things and inflicted injury upon the victim in need of medical treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. A CD (on-site CCTV video recordings);

1. Certificates of medical treatment;

1. Application of investigative reports, investigation reports, and criminal investigation reports, and Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257 (1) of the Criminal Act;

1. In full view of the following: (a) Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental illness (a) of the Act: (b) comprehensively considering the Defendant’s symptoms recognized by the foregoing evidence; (c) the motive and circumstance of the instant crime; (d) the circumstances after the instant case; and (e) the Defendant’s statutory attitude at the time of the instant crime; (b) it is recognized that the Defendant had weak the ability to discern things

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

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of applicable sentences: Imprisonment for nine to seven months;

2. Imprisonment with prison labor for the recommended sentence for the sentencing criteria, from June to June of one year.