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(영문) 의정부지방법원 2014.10.29 2014고단1497
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is in a state that the defendant lacks the ability to discern things or make decisions due to stimulative disorder.

1. Around 22:00 on February 8, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) committed two strings that require approximately three weeks of treatment to the victim, considering the victim’s head as a steel processor, who is a dangerous object, while drinking the same alcohol as the victim E, without any reason.

2. On February 11, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) committed assault at G hotel restaurants located in Gyeonggi-gun F, Gyeonggi-do on February 18, 2014, with a good that is dangerous to the head of the victim without any reason.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Police investigation report (as to the victim's failure to submit a medical certificate of injury and degree of injury)

1. Application of Acts and subordinate statutes to certificates of origin, copies of medical records, and photographs;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on carrying a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act (the occupation of assaulting carrying a dangerous object);

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

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

1. Class 1 of the reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommendation] the special mitigation area ( September to February) of the special mitigation area (the special mitigation area), category 1 (the special mitigation area) of the injury by a person with mental disability (the person with no responsibility himself/herself), the person not subject to punishment (including voluntary efforts to recover the damage), or the person whose considerable damage has been recovered, Class 2 of the crime [the scope of recommendation] of the crime of assault.

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