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(영문) 의정부지방법원 2013.11.28 2013고단1972
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for six months.

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

On May 23, 2013, the Defendant returned from May 23, 2013, with a pipe (2m in length) that is a dangerous object for her friend to disregarding her friend on the road in 00:56.

A car was found to be owned by the victim E-mond car, and the part of the package of the car was set once, and the car was damaged so that the repair cost would be equivalent to KRW 2,473,350.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police's statement concerning D;

1. Photographs;

1. A report on investigation (case related to a written estimate);

1. Application of investigative reports (in the case of hospitalization of a suspect mental hospital), statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act;

1. The defendant and his/her defense counsel asserted in the main text of Article 62-2(1) and (2) of the Probation Criminal Act and the defendant and his/her defense counsel asserted that the defendant had been in the state of mental disorder or mental disorder due to compactic mental disorder at the time. Thus, according to the above evidence, it is found that the defendant requires medical treatment due to compactic mental disorder, but it is recognized that the defendant has no ability to discern things or make decisions due

Since it is difficult to see that the defendant and the defense counsel were in a state or weak condition, the above assertion is rejected.

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