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(영문) 서울북부지방법원 2014.10.23 2014고단2740
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for one year.

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

On July 24, 2014, around 13:45, the Defendant: (a) committed assault by the Defendant with a hack pipe ( approximately 1.3m in length) that is a dangerous object before the elevator of the first floor of Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, about the entrance and left part of the victim D (age 31) who is a neighboring resident.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on police seizure records;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Act on the Protection, etc. of Victims as Persons with Disabilities of Grade II) (Article 62(2) of the Act on the Protection, etc. of Victims as Persons with Disabilities, which reflects their depth

1. The defendant and his defense counsel's assertion regarding the defendant and his defense counsel under Article 48 (1) 1 of the Confiscation Criminal Code is alleged to have been in a state of mental disorder at the time of the crime of this case. In light of various circumstances indicated in the records, such as the background and process of the crime of this case, the defendant's behavior before and after the crime of this case, it is not deemed that the defendant had weak mental disorder or weak ability to discern things at the time of the crime of this case, and therefore, the above assertion is without merit.

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