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(영문) 인천지방법원 2015.10.15 2015고단4651
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who lacks the ability to discern things or make decisions due to the “compicable mental division disease.”

On July 4, 2015, at around 19:50, the Defendant used each item (94cm, length 5.5cm, length 5.5cm) which is a dangerous object prior to the victim D (the age of 52) who lives in the upper floor from the defendant's house corridor located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu C building 403, and the upper floor from the noise complaint, and used the victim's right hand part (the 94cm, length 5.5cm).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to each item, victim, suspect photograph;

1. Relevant Article 261 of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act, the choice of fines concerning criminal facts;

1. Article 10(2) and Article 55(1)6 of the Criminal Act for statutory mitigation (a person with a mental disability) (a person with a mental disability) asserts to the effect that the defendant was in the state of mental disorder due to the editing disorder at the time of committing the instant crime, but in light of the circumstance leading up to the instant crime, the method and method of committing the instant crime, and the circumstances after committing the instant crime, etc., the defendant cannot be deemed to have the ability or decision-making ability to discern things due to the editing disorder at the time of committing the instant crime, and thus, the defense counsel’s assertion is not acceptable)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the crime in a state of mental disorder, currently being hospitalized in a mental hospital and being treated as a patient, there is no criminal record except for those punished once by a fine due to a violation of the Military Service Act, the fact that there is no criminal record, the fact that the crime is recognized and reflected, the degree of damage, the age, character and conduct of the defendant, the character and conduct of the defendant, the motive and circumstance leading to the instant crime, the circumstances after the crime, etc. shall be determined

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