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(영문) 대구지방법원 서부지원 2015.11.27 2015고단1393
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On July 20, 2015, at the defendant's house located in Seogu-gu, Daegu-gu, on the ground that the victim D (n, 37 years of age) living together did not make money, the defendant assaulted the victim at one time by taking advantage of the victim's item, and by taking care of excessive (10cm in length) that is dangerous to her losses, the victim D (n, 37 years of age) living together did not make money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the choice of punishment.

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

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

1. The defense counsel's assertion of the defense counsel under Article 334 (1) of the Criminal Procedure Act regarding the provisional payment order is asserted that the defendant was in a state of mental and physical disability due to stimulative disorder at the time of the crime of this case. Thus, according to the records, the fact that the defendant is under continuous medical treatment due to stimulative disorder is recognized, but it seems that the defendant lacks the ability to discern things or make decisions. Thus, the above assertion is rejected.

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