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(영문) 춘천지방법원 속초지원 2013.07.17 2013고단131
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

1. On June 11, 2010, the Defendant was sentenced to one year to imprisonment with prison labor for the obstruction of performance of official duties, etc. at the Gangnam Branch of the Chuncheon District Court on October 1, 2010, and the execution of the sentence was terminated by the Gangwon Branch Court on October 1, 2010, and on January 24, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor at the Gangnam Branch Branch Branch of the Chuncheon District Court on the ground that he was released on February 15, 2013 due to the lapse of the period of detention during the execution of the sentence.

2. Around 16:00 on March 28, 2013, the Defendant expressed the victim’s desire at the house of the victim D (the age of 47) located in Seocho-si, Seocho-si, 213 and 405 (the age of 47). Around 16:0, the Defendant collected the kitchen knife (the length of the knife), depending on why the victim wishes to do so, and laid the kitchen knife (the knife length of the knife) of the victim’s head left one time.

As a result, the defendant injured the victim, who is in need of approximately two weeks of treatment, two weeks of open wound.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. A medical certificate;

1. Before the judgment: The defendant asserts that he was suffering from sick conditions such as the state of personal identification and confinement, investigation report (related to the confirmation of the causes for release of a suspect), investigation report (the confirmation of the causes for release of a suspect), investigation report, each case search result, each judgment, criminal records, etc. (A) and the defendant and his defense counsel at the time of the crime of this case, such as the following facts: the defendant's assertion that he was in a state of mental disorder because he suffered from sick conditions such as mental fission, alcohol dependence, and detailed liverness, etc. at the time of the crime of this case; therefore, according to records, he is recognized that he had drinking at the time of the crime of this case, but it cannot be seen that the defendant's and his defense counsel lacks the ability to discern things or make decisions

Application of Statutes

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

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