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(영문) 춘천지방법원 속초지원 2014.02.12 2013고단566
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

1. On October 6, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) stated that “When the Defendant has no ability to discern things or make decisions due to the 1st disability of grade I intellectual disability, the Defendant placed one of the objects dangerous to his/her hands under the influence of alcohol in front of the Kanyang-gun C Community Center in Gangwon-gun, Gangwon-do (18cc in width and approximately 30cc in length) around 16:20 on October 6, 2013, he/she sawd the victim D (70 years of age) as “if she has the wind of the other, if she has the wind of the other, if she has the wind of the flap, and the flabed flab by the flab head of the flae,” and said fladd the above flad by the victim immediately ahead of the victim,

The victim threatened the victim due to his dismissal, etc.

2. When the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) and lacks the ability to discern things or make decisions as above, the Defendant resisted the victim E (the 64 years old) who is the wife of the aforementioned D at the same time and place as above to threaten the victim to improve the above, and when the victim E (the f4 years old), which is a dangerous object in the surroundings, collects one hacks, and takes one hives back with the victim, etc. one time the hives of the dangerous object in the surrounding area, thereby running a chest string in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of the E, D, and F;

1. Medical certificates (E);

1. 쇠s, color photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles); Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on carrying dangerous articles);

1. Article 10 (2) 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. It does not agree with the victim under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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