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(영문) 서울중앙지방법원 2014.03.25 2013고단7733
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for three years.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

Around November 24, 2013, when the Defendant lacks the ability to discern things or make decisions due to salutic personality and form disorder, the Defendant: (a) around November 23:40, 2013, around the first floor of the building “Korea Bank” in Gwanak-gu, Seoul Special Metropolitan City (hereinafter “Korea Bank”); (b) around November 24, 2013, despite the Defendant’s cell phones used by its people, the Defendant reported that the Defendant had been using the Defendant’s artificial resistance; (c) but (d) on the other hand, the Defendant continued to use the Defendant’s hick (e.g., 25 years of age) with a dangerous object (16cm in length) that had been in advance without any reason, laid down about 6 centimeters from the victim’s left part to the lower part to the lower part below the Defendant’s face.

As a result, the Defendant, a dangerous object, knifeed the victim with a knife who needs approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement to C by the police;

1. Statement of police seizure;

1. A written diagnosis of injury;

1. Chackers, victims, and damaged photographs;

1. Application of Acts and subordinate statutes to notify the result of a mental appraisal by the Director of Public Medical Treatment and Custody;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by sentence: Imprisonment for not less than one year and six months but not more than fifteen years;

2. Three to five years (aggravating area among the six types of assault crimes) from the imprisonment with prison labor for the sentencing guidelines.

3. Sentence of sentence: Imprisonment with prison labor for three years: The defendant committed the crime of this case in a state of mental disorder caused by the personality and form disorder; however, the victim was unable to commit any error; as a young female, the defendant must be aware of and live in his face; and the damage recovery is entirely conducted.

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