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(영문) 전주지방법원 정읍지원 2016.06.07 2015고단583
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who lacks the ability to discern things or make decisions due to mental retardation.

1. On October 18, 2015, the Defendant: (a) around October 18, 2015, at the front of the bus platform in Chang Chang-gun, Chang Chang-gun, Chungcheongnam-gun, Seoul, the Defendant carried out a resident registration certificate and seal with the victim D without any justifiable reason.

“In doing so, the victim was fluent by her hand, leading the victim’s head debt with his/her hand, and assaulted the victim’s head and parts, such as the victim’s hand.

2. On October 18, 2015, the Defendant suffered special injury from the Victim F (73 tax) who observed the Defendant’s crime set forth in paragraph 1 at the right angle in front of the Defendant’s residence located in Go Chang-gun, North Chang-gun, North Korea on October 18, 2015.

After hearing the phrase “”, the body of the victim’s face was tamped on one occasion on the face of inserting inserted articles (1m, 19cm in total width - 25cm in length, 31cm in length) which are dangerous articles in the surrounding area in two hands, and the body of the victim’s face was tamped on one occasion by inserting the body of the victim’s face, and the victim’s right bridge was tamped on one occasion by inserting the surface of the inserted article, and the victim’s 35 days in need of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Each police statement made to D or F;

1. A criminal investigation report (27 pages of the investigation records), a criminal investigation report (in relation to the sources inserted in the investigation records);

1. A protocol of seizure and a list of seizure;

1. Each injury diagnosis letter;

1. The application of the laws and regulations to the photographs inserted in each photograph and evidence [the defendant and his defense counsel denies the fact of assault against the victim D, but the above evidences, in particular, according to the consistent statements of the victim and witness witness and the victim's body photographs, etc., the fact of assault against the victim D, such as the statement in the defendant's decision, can be recognized]

1. Relevant legal provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury) concerning criminal facts;

1. Reduction of mental and physical weakness;

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