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(영문) 대전지방법원 2014.06.27 2014고단50
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On December 19, 2013, the Defendant, a mental disorder, lacks the ability to discern things or make decisions due to a fluoral type, and around December 15:05, on December 19, 2013, the Defendant, at the same time, sent a part of the right side of the victim D (the age of 65), which is a dangerous object that was under the influence of alcohol in the Daejeon-gu Seoul Metropolitan City (the length of 43cm), was placed at the right side of the victim D (the age of 65) one time, and had two parts that require the victim to receive treatment for 20 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to notify the results of mental appraisal;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the range of recommending punishment] The following shall be taken into account: (a) violent crime group; (b) habitual injury, repeated injury, special mitigation (type 1); (c) special mitigation area; (d) imprisonment with prison labor for nine months to two months; (b) imprisonment with prison labor for one year and two months; (c) two times each of the same sentence and suspended execution for two months (two years before the head of the two hundred4); (d) twelve times each of the same kind of fine (10 times before the second two times; 2004; 207); (c) the number of times of the crimes subject to a fine for one type of fine; (d) the volume of the injury; and (e) the risk of re-offending; and (e) the fact that there has been no same criminal conviction for the last six years; and

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