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(영문) 수원지방법원 안산지원 2015.03.25 2014고단2407
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

Criminal facts

The Defendant, in the state of having the ability to discern things or make decisions due to the editortic disorder, was in the state of lacking the ability to discern things or make decisions, on September 5, 2014, the Defendant 1:25, called the victim D and eye on the front side of Ansan-si, Ansan-si, the front side of the victim D's head c, thereby probing the back of the victim D's body and bridge up to approximately 4-5 times, and the Defendant d's shoulder part of the victim D's shoulder, which is a dangerous object, by walking about 4-5 times in the face of the victim D's body and bridge. The Defendant continued to restrain the Defendant, and the Victim E was able to walk the clothes and legs of the victim E in the direction of the victim E, one time time the number of the victim E with the network, which is a dangerous object.

As a result, the defendant committed two open measures to the victim E in need of approximately one week medical treatment for victims as dangerous articles, such as shoulder and upper arms, which require approximately two weeks medical treatment for victims E.

Summary of Evidence

1. The defendant's partial statement in the court (the defendant and his defense counsel asserted that the defendant does not support the defendant's head debt or walk the clothes and legs of D and E at the time of the above crime, but in light of the statements of D, E and witness F, the defendant's argument in the defense counsel is groundless)

1. Each police statement made to D and E;

1. Summary statement in preparation of the F;

1. A report on investigation;

1. Application of Acts and subordinate statutes to work ability evaluation report (A);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

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

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

1. Although the suspended execution of Article 62(1) of the Criminal Act has not yet been fully restored to victims, the defendant is led to confession and reflect, and each of the crimes in this case is committed in a state of mental disability and mental retardation.

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