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(영문) 대구지방법원 경주지원 2014.01.07 2013고단611
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

Around 16:50 on August 19, 2013, when the Defendant lacks the ability to discern things or make decisions due to mental fissionation, the Defendant: (a) called “F” in the E Child Care Center operated by the Victim D (Nam, 42 years of age) on the ground that women are found; (b) went into the said Child Care Center; (c) put the following items into the said Child Care Center; (d) display the victim G (V, 44 years of age) who is a child care teacher; and (d) expressed the victim D who was under contact with the victim’s desire to answer questions; and (e) assault the victim D by taking two times the victim’s face by taking the victim’s victim D, who was deprived of the victim’s face.

Accordingly, the defendant carried dangerous articles, intruded on the structure managed by the victim D, and assaulted the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions of the accused and suspect interrogation records of the police;

1. Each police statement concerning G and D;

1. A H statement;

1. The application of Acts and subordinate statutes to report on investigation (to take photographs of each item used at the scene of violence);

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 319 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act concerning the Punishment of Violences, etc.;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the degree of damage is relatively minor, the fact that the degree of damage is deadly minor, the fact that the damage is dead and reflects on the

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