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(영문) 서울중앙지방법원 2016.04.07 2014고단7847
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as the owner of the loan in Seocho-gu Seoul Metropolitan Government, is residing in the above 401, and the victim E is the lessee of the defendant's loan 202.

The defendant committed the following crimes under the state that he/she lacks the ability to discern things or make decisions due to his/her mental disorder.

1. On May 30, 2014, the Defendant destroyed the property by opening the iron door door to prevent the victim from opening and opening as keys, around 23:45, at around 2014, the Defendant destroyed the property.

2. The Defendant of special injury: (a) at the date, time, place, and place indicated in paragraph 1 above, the victim cannot open the entrance door so that the victim cannot open it, and (b) with one hand knife the door of his house without any reason, damage the door of his house in order to open it. (c) “A knife knife (20cm length)”

Bak Bab

“The victim threatened the victim, thereby preventing him from driving, and with the other hand, the victim was injured by plucking, plucking, plucking, bucking the victim’s hand, and pushing the wall into the wall, making the victim be in need of approximately three weeks of treatment.

Summary of Evidence

1. Statement made by the witness E in the 13-time public trial records;

1. Statement protocol by the police for E;

1. Seizure records;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on dispatch at the scene of violence, photographs of seized objects, photographs of destruction and damage, photographs of damaged victims, and notification to the department related to reporting 112;

1. Relevant Article of the Criminal Act and Articles 366 (Selection of Punishment) and 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 10(2) and Article 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness (applicable to a man who is one of mental symptoms);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Criminal Act: The defendant is a deadly weapon.

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