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(영문) 서울남부지방법원 2015.04.02 2014고단4333

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. A violation of the Punishment of Violences, etc. Act (collective assault, etc.) lacks the ability to discern things or make decisions due to symptoms, such as the damage network, cryption, etc., the Defendant collected the victim C (23 years of age), the victim D (24 years of age), the victim D (including the victim) who was sitting in a public toilet near the pleasure line in the park of Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul, about October 13, 2014, around 20:40, when the victim was living in the vicinity of a public toilet near the storm line in the park of the river basin of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, about 280 Han River basin, and 3-4 years of age, the victims were deprived of the dangerous things in the wife without any reason (around 18.5 cm, about 40 cm, about 20 cm, about 10 cm thick, about 10 cm, and 3-4 cm of the victims, etc.

Accordingly, the defendant carried a dangerous object, and committed violence to the victims.

2. In a state that the Defendant had weak ability to discern things or make decisions due to symptoms, such as a damaged network, a exchange hall, etc., the Defendant destroyed the victim C’s market value, which was placed on the floor of stairs at the time and place specified in paragraph (1), by generating a gallon 2 cellular phone equipment, thereby impairing its utility.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C or D;

1. Application of investigation report, request for emergency hospitalization, and notice of hospitalization Acts and subordinate statutes;

1. Articles 3 (1), 2 (1) and 1 (a) and Article 366 (a) of the Punishment of Violences, etc. Act on the Punishment of Violences, etc. against Crimes (a point of use of dangerous portable assault) and Article 366 of the Criminal Act;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. The reasons for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (Scope of recommendations) and violence (special violence).