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(영문) 창원지방법원 진주지원 2013.09.23 2013고단957
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

From 195 to 1995, the Defendant was suffering from a mental illness who is hospitalized in and under hospital C due to a detailed fluence in mind, and was living in the same village as the victim D (the age of 53) who was living in the same space with abnormal devices, and continued to prevent him from taking care of him/her from taking care of him/her. Accordingly, the Defendant committed the following acts under the condition that he/she lacks the ability to discern things or make decisions.

On August 19, 2013, at around 12:20 on August 12:20, 2013, the Defendant had been a farming shed in the field of the case in the South-west Sea E, and had intruded the victim's house located in the Republic of Korea F, South-west SeaF on the above network through an open gate and the entrance, and had the victim who had been living together in the kitchen at the kitchen, left the room, and had the victim living together with his house, and had the victim living together, who had been in the kitchen at the kitchen, taken one time at the top of the bruto (1.2 meters in length), which is a dangerous object being possessed and used in advance, and had the part of the victim's trile, two times again, and the victim's trile, who had come out of the room, was getting off three times.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as double ducts requiring treatment for about five weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement about G, H and D;

1. Records of seizure and the list;

1. A written diagnosis of injury (172 pages of investigation records);

1. Application of each statute on photographs;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning a crime;

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

1. As to the assertion of defense counsel under Article 48(1)1 of the Criminal Act, the defense counsel asserts to the effect that the defendant was in a state of mental disorder due to the mental fission at the time of committing the instant crime.

As recognized earlier.

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