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(영문) 수원지방법원 안산지원 2016.05.12 2015고단875
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for 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

The defendant committed the following crimes under the status that he/she has no ability to discern things or make decisions due to his/her on-site illness:

On January 23, 2015, the Defendant: (a) on January 23, 2015, at around 20:30, the restaurant in the name of “cafeteria” located in Ansan-si, Masan-si, Seosan-si; (b) on the ground that the victim who is a woman among the above restaurant and the dispute between the above restaurant is her husband and the other male, “I want to go to the restaurant,” and used the above restaurant table, which is a dangerous object, for assaulting the victim’s name, shoulder, hand, etc. on several occasions.

On July 9, 2015, the Defendant 2015 grouped 2137, the Defendant 2015 grouped on the half-month park located in Ansan-si, Seosan-si on July 9, 2015, where 10 members of the victim E church engage in the activities to divide the difference, such as cooling and coffee, to those who are in the semi-monthly park.

"..............." The above church scambling a tent installed in the above church, scambling scambling the 100,000 won of the market value on the floor, and then damaged the scambbed owned by the victim.

Summary of Evidence

[2015 Highest 875]

1. Statement made by the police against D;

1. A written statement;

1. The photograph related to the case [the 2015 Height 2137];

1. Statement of the police statement related to G;

1. Photographs related to the case;

1. Investigation report (to hear statements from the victim G related to damage to the cold and hot water tank which is the three-dimensional test);

1. Application of Acts and subordinate statutes to reply to a request for mental appraisal (public treatment and custody center);

1. Relevant Article 261 of the Criminal Act, Articles 260(1) (a) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

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 (The following circumstances are considered in favor of the reasons for sentencing).

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