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(영문) 대구지방법원 상주지원 2014.08.12 2014고단265
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

At around 04:30 on March 15, 2014, the Defendant: (a) talked about the victim E (at 34 years of age) and the victim’s misincation in the “D” restaurant; (b) and (c) without any particular reason, called “Ig, Chewing,” and (d) an empty baby, which is a dangerous object on his/her customer, used approximately 2 to 3 times the head of the victim and caused approximately 2 weeks to take care of the victim’s head, and led to the brain of a detailed cerebr in which there is no open address for 2 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Determination on the assertion by the Defendant and his/her defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation

1. At the time of the instant crime, the Defendant was in the state of having lost or weak ability to discern things or make decisions due to a yellow disorder, etc.

2. In light of various circumstances, such as the background, means, and the defendant’s behavior before and after the crime, even though the judgment was conducted a diagnosis of the disorder, etc., it does not appear that the defendant had reached a state where the ability to discern things or make decisions was lost or weak at the time of committing the crime.

Therefore, the defendant and his defense counsel's mental disorder cannot be accepted.

The reason for sentencing [Scope of Recommendation] The basic area (two to four years), the basic area (two to four years) of the special injury (whether a person has been sentenced to suspended sentence] (whether a person has been sentenced to suspended sentence): In the event that a person committed a crime by carrying a deadly weapon or other dangerous articles with him, the criminal records of the same kind [decision of sentenced sentence] deposit one million won for the victim, but the criminal records of the crime of this case in the event of the head of the victim's disease, which is a dangerous object, and the criminal records of the crime of this case in the event of the victim's head, and the victim is not weak.

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