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(영문) 부산지방법원 동부지원 2013.04.05 2013고합36
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 07:20 on January 26, 2013, when the defendant lacks the ability to discern things or make decisions due to mental division, the defendant went into the house of the victim E (hereinafter referred to as the "D") located in Busan-gun C and 112 Dong 803 (year 77) and went into the house of the victim E (hereinafter referred to as the "victim E") and brought about the goods by intrusion upon the arbitr, which is a dangerous object, and entered the house of the victim, and entered the house of the victim who was seated in the living room, and entered the house of the victim with the arbitr, which is a dangerous object to the victim, and put the victim into the house of the victim for treatment for about three weeks.

Accordingly, the defendant carried dangerous things into the victim's residence and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of each Act and subordinate statute of a medical certificate of doctor F and E prepared by G;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Acts of Violence, Etc., Article 319 of the Criminal Act, Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc., Article 2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for the mitigation of mental disorders;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (an aggravated punishment for concurrent crimes as provided for in the Act on the Punishment of Violences, etc. which is heavier than punishment)

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing as follows)

1. Imprisonment with prison labor for not more than one year and six months - Imprisonment for not more than 22 years and six months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Type 1 of violation of the Punishment of Violences, etc. Act (a crime of injury by a group, deadly weapon, etc.) is determined group of violent crimes, habitually injury, special injury by a repeated offender, and Category 1 (Special Bodily Injury).

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