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(영문) 대전지방법원 2015.11.13 2015고단3218
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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

At around 10:20 on April 23, 2015, the Defendant had no ability to discern things or make decisions due to the division of a mental disorder, and the Defendant’s dwelling at Daejeon Pungdong C apartment 103 403 dong 403 on April 23, 2015, and the Defendant’s emotional dispute with the Defendant’s model victim D, which had been in the kitchen in the kitchen at the same time, put the victim’s buck and the kitchen 17.5 metres in the kitchen length (17.5 metres in the knife length), the left side, face, etc. into a knch so that the victim needs to be treated for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statements of E and D;

1. Seizure records;

1. Each written diagnosis;

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

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

1. Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental illness [the records show that the defendant was suffering from her early illness at the time of the crime in this case. In light of the circumstances and contents of the crime, the horses and actions of the defendant before and after the crime, etc., it is reasonable to view that the defendant, at the time of the above symptoms of mental disorder, has reached a state where the ability or decision-making ability to discern things has been weak due to the above mental disorder.];

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

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration, reflectiveness, agreement, partial details of crimes, health conditions, etc.);

1. Probation under Article 62-2 of the Criminal Act;

1. Article 48 (1) of the Criminal Act of confiscation;

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