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(영문) 수원지방법원 여주지원 2014.11.24 2014고단708
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

A seized grandchild (No. 1) shall be forfeited from the accused.

Reasons

Punishment of the crime

1. At around 01:00 on August 31, 2014, the present state building and fire reserve Defendant unilaterally committed an assault from the said victim at the residence of the victim D (53 years of age) located in Ischeon-si, Leecheon-si, with an anti-gradation and gasoline (mix 12 liter) and sought a string structure and fire prevention by putting in the string tobacco attached to the string for the purpose of destroying the said building used by the victim as a residence while the string the death and sound of the victim, and stringing the said gasoline from the string to the string, and string the string to the string.

2. Violation of the Punishment of Violences, etc. Act (injury by a group, deadly weapon, etc.) reported the above victim's attempt to prevent a fire to the defendant at the residence of the defendant in E in Leecheon-si, Leecheon-si, and the victim's head was taken one time with the hand knife ( approximately 43 cm in total length, about 15 cm in length) which was a deadly weapon near the entrance, but the victim's head was cut off at approximately two weeks by priceing the victim's left shoulder.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement by the prosecution concerning D concerning suspect interrogation (including the A or F statement);

1. A protocol concerning suspect examination of D;

1. Statement of the police statement concerning F;

1. On-site photographs;

1. Records of seizure and the list of seizure;

1. Bags and gasoline photographs used for committing the crime;

1. Photographs photographs of suspect DNA damaged parts;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Articles 175 and 164(1) of the Criminal Act concerning facts constituting an offense, Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (a) of the same Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defendant and the defendant regarding the claim of mental disability under Article 48 (1) 1 of the Criminal Code for confiscation.

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