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(영문) 광주지방법원 2015.10.14 2015고단1728
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Of the facts charged of this case, the Punishment of Violences, etc. Act is applicable.

Reasons

Punishment of the crime

The Defendant was in the state of having weak ability to discern things or make decisions due to the extreme flive disorder.

At around 19:10 on May 4, 2015, the Defendant has a dispute over the purchase of D and galivation in the residence of the Defendant of the Southern-gu Seoul metropolitan area.

D에게 “니가 애미냐 씨발년아! 못 나가 ”라고 욕을 하면서 D의 허벅지 등을 발로 여러 차례 걷어찼다.

Accordingly, the victim E (the 19-year old) who is the birth of the defendant was bucked, and the defendant threatened the victim E with excessive (11 cm length) which is a dangerous object in the kitchen while walking the victim E's bucks, etc. several times, and with the victim E called "packer, dead, dead, and bucked."

Accordingly, the defendant carried dangerous things over and threatened the victim E.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E respective legal statements;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D and E;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

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

1. The gist of the assertion is that the Defendant only tried to go against the victim E, and did not threaten the victim E.

2. According to the evidence duly examined, the following facts are as follows: (i) the Defendant who lost and interested sexual intercourses D in a timely manner; (ii) the Defendant meted the Victim E by drinking and drinking it; (iii) the Defendant was assaulting the Victim E by drinking and drinking it; (iv) the Victim E’s mobile phone was defective to report to the police; (iv) the Victim E was taken away from the Victim E’s cell phone; (v) the Victim E was about to report to the police as soon as possible; and (v) the Defendant attempted to go out of the house; and (v) the Defendant was going to go to the Victim E by leaving the kitchen.

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