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(영문) 청주지방법원 2015.06.04 2011고합323
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A candidate for medical treatment and custody shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who had been hospitalized in the DNA mental disorder and hospital treatment, showing a mental disorder due to a fire at the time of his/her service in Ansan-si prior to about 20 years.

At around 18:30 on September 12, 201, the Defendant used a knife (in the left hand, the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife) and knife knife knife knife knife knife knife knife knife knife

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, J, and G;

1. Application of each investigation report (general Acts and subordinate statutes);

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

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Type 1 (Special Bodily Injury) (one year and six months from June to two years) [Special Mitigation], and a person with mental disability (no one's own responsibility] [decision on a sentence], the circumstances favorable to the defendant: The defendant reflects his mistake.

From the day immediately before the crime of this case, the Defendant committed the crime of this case in a state of mental suffering with severe fall in the ability to distinguish things and decision-making ability.

The degree of damage is not much serious compared to the risk of the instant crime.

The Defendant agreed with the victim.

The defendant currently is hospitalized in a mental hospital and is receiving treatment, and family members shall also receive hospitalized treatment.

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