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(영문) 창원지방법원 마산지원 2014.01.08 2013고합87

폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)

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 two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

Defendant

A person subject to medical treatment and custody (hereinafter referred to as the "defendants") under the influence of alcohol on the ground that the victim was hospitalized in a mental hospital because he/she did not have the ability to discern things or make decisions due to mental fissionation, etc., while living together with D (L, 62 years of age) at the dwelling located in Changwon-si, Changwon-si, Masi, Masiwon-si, Seoul on October 19, 2013, the applicant for medical treatment and custody (hereinafter referred to as the "defendants") said, while drunking the victim for the reason that he/she was hospitalized in a mental hospital, he/she did not have the right to discern things, which are dangerous things that were in the main kitchen of the patient, and she did not have a part of the kitchen kitchen ( approximately 34 cm in total length, approximately 22 cm in day length) and put the right left part of the victim and the victim once.

As a result, the defendant carried dangerous things and carried them for about 4 weeks to the sustained victim, who is in need of treatment, was in the heart and stoves of the stoves that require treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes to report internal investigation (including the scene of damage, etc.) and report on commission of appraisal;

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

1. Statutory mitigation under Articles 10 (2) and 55 (1) 3 of the Criminal Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. Reduction factors of habitual injury, repeated injury, special injury (type 1) and special injury (type 1): Reduction factors according to the sentencing guidelines, the range of recommended sentences [Determination of types] according to the sentencing guidelines: the victim who is in existence [the scope of recommended punishment] mitigation area, one year and six months from six months to six months from imprisonment, respectively.

3. As to the crime of this case, the mother of the defendant inflicts an injury on his knife, which is a lethal weapon, on the other hand, and his liability is not minor.

(b).