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(영문) 대구지방법원 서부지원 2014.10.06 2014고단678
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On March 8, 2014, the Defendant violated the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc., damage, etc.) requested the victim C to illegally parked and move the automobile from the Dansan apartment management office located in 28, the Dansan apartment management office located in the Dansan-gun, the Dansan-gun, the Donsan-gun, the Donsan-gun, the Donsan-gun, the Donsan-gun, the Donsan-gun, the Don-do, the Don-do, the Don-do, the Don-do, the Don-do, the Don-do, the Don-do, the Don-do, the Don-do, the Don-do, the Don-do, the Don-

2. The Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) and at the same time and place as above, the victim C (39 years of age) set the head part of the victim’s head with the wooden steel mon, which was an object dangerous to the victim to the victim that the Defendant destroyed the said vehicle, and set up two-day open wounds in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of Acts and subordinate statutes to specifications, certificates of medical records, and medical certificates;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, concerning a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The Defendant asserts that the Defendant committed a crime in a state of mental disability under Article 62-2(1) of the Criminal Act regarding probation and community service order.

The fact that the defendant was diagnosed as a stimulative disorder is recognized, but includes the words and actions of the defendant before and after the crime.

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