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(영문) 광주지방법원 2016.02.12 2015고단3533
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

1. On August 23, 2015, the Defendant: (a) laid wheel chairs, which is a dangerous object in the D Hospital 306 sick room in Seo-gu, Gwangju, Gwangju, without any justifiable reason, left the chest of the victim E (the victim E (the victim of 49 years old) who is the patient at the above hospital, two times; and (b) taken two times the victim’s face by drinking.

As a result, the defendant carried dangerous things with the victim's 21 days of treatment, thereby leading the victim to the be on the back of the 21st day of treatment.

2. On August 30, 2015, the Defendant of special intimidation: (a) around 17:56 on August 30, 2015, on the ground that there was side effects of being injected in the above hospital in front of the nurse room at the above hospital; and (b) on the ground that there was no treatment expenses for such side effects, the Defendant would be thought to file a complaint against the Defendant of G (the representative of the above clinic) with the private victim F (the total length of 31.5cm, the blade length of 20.5cm, and the blade length of 20.5cm).

Mabalk Bab

The term ‘highly threatened' was ‘highly threatened.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Partial statement of the witness F;

1. Statement concerning the suspect interrogation protocol (108 pages of the investigation records) of the accused by the prosecution;

1. Entry of the statement protocol made by the prosecution against E;

1. Statement made to F in the police statement protocol;

1. Entry of each of the applications in H and I;

1. Application of each statute to the items in the general medical certificate and medical certificate;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) A special injury as indicated in the judgment: Articles 258-2 and 257(1) of the Criminal Act;

(b) The point of special intimidation in its holding: Articles 284 and 283 (1) of the Criminal Act (the choice of imprisonment);

1. The Defendant’s assertion and determination of the Defendant’s assertion under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes was suffering from a mental disease, such as receiving mental treatment through 50 times from July 2011 to April 2015. As such, even at the time of each of the instant crimes, such mental disease is deemed as above at the time of the instant crimes.

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