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(영문) 서울북부지방법원 2017.01.20 2016고합530
폭력행위등처벌에관한법률위반(우범자)등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

(1) On July 5, 2016, when the Defendant lacks the ability to discern things or make decisions due to the sworn illness, etc., the Defendant takes away from C (V, 21 years old), and D (V, 28 years old), a passenger, from the front line of Nowon-gu, Seoul Special Metropolitan City Nowon-gu, in the 4th class of Nowon-gu Nowon-gu Nowon-gu, in the front line of Nowon-gu, 431 on July 5, 2016.

Having the knife in knife

The act of inserting and inserting was three to four times.

As a result, the defendant carried a deadly weapon or other dangerous articles that are likely to be used for crimes prescribed by the Punishment of Violences, etc. Act without justifiable grounds.

[Judgment of the court below] A person who committed the above crime in a state that he or she lacks the ability to discern things or make decisions due to early illness, etc., and who committed the above crime in a state that he or she lacks the aforementioned ability to discern things or make decisions, such person needs to receive medical treatment at the facilities for the treatment and custody, and is in danger of re-offending.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative reports (to hear statements from victims);

1. Excessive blade photographs;

1. Seizure records;

1. Mental and physical weakness as indicated in the judgment: A protocol concerning the interrogation of a suspect and a report on an investigation (related to a suspect mental illness);

1. Necessity of medical treatment and risk of recidivism: The Defendant committed the instant crime by carrying out the instant crime in excess of the period of suspension of execution, as a criminal fact that, on May 30, 2014, the Defendant was sentenced to a fine of KRW 2 million on January 6, 2015 and that, on August 23, 2014, threatened victims with excessive intimidation, as a result of inquiry of a reply, such as criminal history, reporting of a previous conviction, reporting of the status of observation of protection bound in the public trial records, and reporting of the status of observation of protection bound in the public trial records, and the following circumstances recognized as a result of an order to submit the E mentally ill person:

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