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(영문) 울산지방법원 2013.12.13 2013고합285
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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.

Reasons

Punishment of the crime

Defendant

In addition, the candidate for medical treatment and custody (hereinafter referred to as the "defendant") committed the following crimes under the lack of the ability or decision-making ability to discern things due to editing mental division:

On September 15, 2012, the Defendant: (a) around 12:39 on September 15, 2012, the victim E (the 19-year-old age-) who was walking on the road near the Diplomatic Association located in Dongdaemun-gu Seoul, and the snow boomed “Is,” and boomed the breath, which is a dangerous object in which the victim was pushed down and was in danger of escape, and followed the victim’s face and the knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Field, suspect, on-site photograph, and photograph of the suspect's remains;

1. Photographs of the injured part of the victim;

1. A criminal investigation report (Attachment of a written confirmation of hospitalization);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

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

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

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

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

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Extent of the recommended sentence according to the sentencing guidelines [decision of types of punishment] shall be limited to the range of the recommended sentence according to the sentencing guidelines (decision of types of punishment] habitually injury, repeated injury, special injury (special person who is not responsible to him/her): Habitual injury, repeated injury, special injury (special person who is not responsible to himself/herself): A person with mental or physical disability (limited to the decision on the recommended area and the scope of the recommended sentence): A person not subject to punishment; a person in special mitigation area; a person in nine months to two years [whether or not a person has been suspended from execution] - A person who has no criminal records; a person not subject

3. The decision of sentence shall inflict an injury on the victim in the knives of phrases by the defendant.

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