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(영문) 광주지방법원 순천지원 2015.02.10 2014고합199
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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.

(e).

Reasons

Criminal facts

The defendant and the defendant's her mother victim C(M, 54) were living together on the third floor of the building located in Mayang-si D.

The Defendant found the victim who entered the building in question around June 27, 2014, when he/she had no capacity to discern things or make decisions due to a net type of injury, and discovered the victim into the building in question on June 27, 2014, and when the victim was fluent on the network of insulting himself/herself as a human being and thief in high school, the victim’s face and body was taken several times.

Since then, the Defendant cited a kitchen knife (17cm in length) which is a dangerous thing in the kitchen of the three-story of the above building, and inflicted an injury on the victim, such as a knife and a knife, which requires approximately four weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

Defendant’s legal statement

In light of the results of the above appraisal, the defense counsel's assertion that the defendant was in a state of mental disorder beyond mental and physical disability at the time of the instant case is rejected, in light of the investigation report of police protocol of each police protocol of statement E and C (report on attachment of the diagnosis for the suspect, report on attachment of the suspect's opinion to the suspect, report on the plenary session, report on attachment of the details of hospitalization, report on attachment of the treatment attached, attachment of the contents of counseling, report on attachment of the contents of counseling, review of whether

Application of Statutes

Article 36 of the Act on the Punishment of Criminal Crimes

Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1)3 of the Criminal Act, Articles 10(2) and 55(1)3 of the Criminal Act, Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation of mental or physical disabilities (hereinafter the following grounds for sentencing), the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of Punishment of Punishment of Violences, etc. (hereinafter referred to as a “unfair consideration”)

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from nine months to seven years and six months;

2. The sentencing criteria are set;

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