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(영문) 서울북부지방법원 2015.08.07 2015고단165
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 26, 2014, at around 11:50 on October 26, 2014, the Defendant used a knife knife (10cc in length, 16cc in knife knife knife knife knife knife knife knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife) to knife knife knif.

The defendant, carrying a deadly weapon, assaults the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of each statute on photographs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences by law: Six months to fifteen years; and

2. Where the sentencing guidelines (the range of recommending punishment on October 1, 2014) apply / [the range of recommending punishment] the category 6 (Habitual, Cumulative, Special Violence) and the area of special mitigation (two to one year and two months), / the area of special mitigation (special mitigation) (the person with no responsibility in person), the person not subject to punishment (including the person with no responsibility in person), or the person whose considerable damage has been recovered.

3. Although the nature of the crime of this case committed by the Defendant citing knife and assaulting another person on the ground of a minor trial, it seems that the victim with dementia had stolen the things by the Defendant’s house, and the Defendant, who lacks his ability to judge as Grade 1 of intellectual disorder 1, appears to have committed assault, such as knife the victim’s knife and breath, etc., and the Defendant is against the victim.

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