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(영문) 서울동부지방법원 2014.06.24 2014고합110
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On January 31, 2013, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Incheon District Court on February 22, 2014, and completed the execution of the sentence.

At around 09:30 on April 8, 2014, when the Defendant was unable to discern things or make decisions due to mental fissions, etc., the Defendant: (a) obstructed the victim C (71 years of age) who was frighting around 240 in Songpa-gu Seoul Olympic Games from the newspaper site to rescue North Korea in order to drink North Korea; and (b) saw the victim C (71 years of age) who was frighting around 22 years of age to “I fright from frighting at fright.” (c) expressed the victim’s desire to frighten the victim’s body in his hand, and then frighted the victim’s face to fright the victim’s body, walking the victim’s body head in front of the victim’s left side, snowing the knick, etc., with a deadly weapon, and cut off the victim’s body, etc.

As a result, the Defendant carried a deadly weapon with a deadly weapon and inflicted an injury on the victim, such as a brace and an open wound to the left-hand side, for about three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Investigation report (in-depth photographs, such as the site), photographs after treatment of victims, and medical certificate of injury;

1. Inquiries into inquiries into police hospitals;

1. A copy of medical records;

1. A written investigation before judgment;

1. Previous records: Application of criminal records, investigation reports (Attachment of recent criminal records, etc. by a suspect);

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Determination as to the defendant's assertion under Articles 10(2) and (1) and 55(1)3 of the Criminal Act for mitigation of mental illness and injury

1. The Defendant alleged that he/she faces a drinking face after breaking the victim at the time and place of criminal facts stated.

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