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(영문) 대구지방법원 김천지원 2014.10.23 2014고단642
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

To confiscate subparagraph 1 of this Article.

Reasons

Punishment of the crime

1. On May 20, 2014, at around 03:30, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc., damage, etc.) found D on the ground that D, who resides in the above 202 floor of the Defendant’s house, was in the state of having the ability to discern things or make decisions due to acute cerebral and water surface disorders, and that D’s living in the above 202, which is the Defendant’s house, paid noise noise, he/she divided the first race but opened the front door but did not open the front door (the length of 43 m) with a chain (the front door of 202 m) prepared in advance by opening three the front door of 295,00 won, which was attached to the front door and the front door of 295,000 won in total at the market price.

2. When the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) and at the time and place specified in paragraph (1) of the same Article, and when the Defendant lacks the ability to discern things or make decisions due to acute cerebral or water surface disorder, the victim D (59 years of age) opened a string door and expressed the victim’s desire to “this spaws” to the out-of-the-out victim, while opening a string door, and taking the string part of the victim’s et al. al. to the victim, the Defendant d's spaws prepared in advance, embling the part of the victim’s spaws and left side to the victim once, and inflicted injury on the victim, such as the snow, snow, snow, s

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Examination protocol of the accused by the prosecution (including the statement section of D);

1. The report on seizure, the list of seizure, the report on investigation (with respect to the status, etc. of the victim), the report on internal investigation, and the report on investigation;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3(1) and 2(1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 366 of the Criminal Act; Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act; Article 257(1)3 of the Criminal Act.

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