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(영문) 서울중앙지방법원 2013.07.04 2013고단1147
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not more than ten 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

In the state that the Defendant lacks the ability to discern things or make decisions due to the erode of alcohol, typhism by the use of dynasium, and the erode of middle lights, the Defendant opened, around December 18, 2012, the c apartment 201 Dong 1711 used by the Defendant living together at the time without any special reason, the stick used by the Defendant D(W, 89 years old) and the erode (15cm in diameter) used by the Defendant living together at the time, and the erode (15cm in diameter), which is a dangerous object in the erode of the eroscke, (22cm, 11cm in length, 11cm in hand, 11cm in hand) where it is impossible for the Defendant to know the number of days of treatment and make it impossible for him to know the right of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Records of seizure and the list of seizure;

1. Medical opinions and opinions;

1. Application of statutes on site photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. In full view of Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental illness and injury (in full view of the police of the Defendant, the statement in this court, and the statement in the Fluor’s opinion, etc., it is recognized that the Defendant was in a state of mental disability due to emulsion and emulsion by the use of alcohol bar, emulative agents, or exemption, and emulious emulsion by the use of underwater immunity

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Although the degree of injury suffered by the victim for sentencing in Article 62-2 of the Probation Criminal Act is serious, the victim appears not to want the punishment against the defendant as the mother of the defendant, the defendant seems to have been in a bad condition at the time of the crime in this case, the defendant has no previous conviction, and the defendant's age, character and conduct, family environment, and other motive and motive of the crime.

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