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(영문) 대구지방법원 경주지원 2013.10.01 2013고단308
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 18:00 on April 16, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) committed a part of the victim E (n.e., the victim E (n., the age of 49) who was running away from a dangerous object without any justifiable reason under the influence of alcohol in front of the clothes of “D” located in Gyeong-si, Chungcheongnam-si, Daejeon, while the Defendant lacks the ability to discern things or make decisions, due to mental or physical disorder, and led the victim E (n., the age of 49) to the left side, etc. of which the number of days of treatment cannot be identified.

As above, when the Defendant lacks the ability to discern things or make decisions, the Defendant attempted to inflict an injury or injury on 6 persons, such as the victim E, using an industrial knicker’s knife or a knife, which is a deadly weapon, and thus, attempted to inflict an injury on 6 persons, such as the victim E, etc., by using the same as the attached list of crimes.

2. A thief and the Defendant, as described in paragraph (1), did not have the ability to discern things or make decisions, he opened a back-to-face shocked network in the G minutes operated by the Victim F (F) (FF) in the above C and intruded into it, and ruptured the victim’s house by using the gaps in which the victim is working, thereby cutting off the victim’s property with the entrance, cutting off the victim’s house, and intrudes the victim’s residence.

3. The Defendant, in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) at the time and time set forth in paragraph (1), threatened the victim H (the age of 10) by using a knife (23cm in length, 12 cm in knife), which was a dangerous object that was stolen and possessed as described in paragraph (2), in a state that the said C lacks the ability to discern things or make decisions, without any justifiable reason, while having weak the ability to discern things.

4. The Defendant of the assault, at the time and time specified in paragraph 1, discerns things as above.

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