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(영문) 대구지방법원 2015.10.07 2015고단2819
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment with prison labor 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

The Defendant committed any of the following crimes under the status that the Defendant is unable to discern things or make decisions due to stimulative disorder, etc.:

1. Around 23:00 on May 14, 2015, the Defendant attempted to destroy and damage property: (a) the Korea Highway Corporation located in Yongcheon-si, the public service center of the Korea Highway Corporation, asked the Defendant’s vehicle number, and expressed the Defendant’s vehicle number; (b) the Defendant expressed the Defendant’s intent to “scam, scam, as soon as possible,” and (c) the defect in paragraph (a) of this Article, “E was known to the Defendant,” and the victim Korea Highway, who was in scamk, used one credit card terminal, one cargo terminal, one electronic card charging device, and one electronic card charging device, which was used in his/her market price, to be used in his/her arms, and did not have been destroyed, but did so.

2. The Defendant violated the Punishment of Violences, etc. Act (injury by a group, deadly weapon, etc.) brought about seven times the victim’s face, such as salva, salva, and salva, which are dangerous objects, by taking the victim E (here, 34 years of age)’s desire to report to the police as stated in the above paragraph (1), and inflicted injury on the victim, by taking about ten times the victim’s face, such as salva, salva, and salva, which are the dangerous object, by taking the victim’s desire to report to the police.”

Accordingly, the defendant carried dangerous objects 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 Acts and subordinate statutes to a criminal investigation report (a medical certificate and a petition submitted by a victim), a criminal investigation report (Attachment to photographs taken by a police officer leaving the site), and a photographic of damaged articles;

1. Article 371 of the Criminal Act applicable to the crime, Articles 371 and 366 of the Criminal Act, the choice of punishment for the crime, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the act of inflicting bodily injury on carrying dangerous articles);

1. Mitigation of mental disorders.

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