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Reasons
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(영문) 광주지방법원 목포지원 2013.05.31 2013고단335
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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A defendant shall be punished by imprisonment for two years.

A seized knife (No. 1) and a Gafe (No. 2) shall be confiscated.

Reasons

Punishment of the crime

The Defendant had weak ability to discern things or make decisions due to the on-site illness.

Around 1:20 on January 26, 2013, the Defendant: (a) at a salt farm located in the Newannam-gun C, Nannam-gun; (b) on the ground that the damage victim D (the age of 26) who is a fluort salt d (the age of 26)’s rejection of the victim’s proposal at the time of cleaning the accommodation, caused the Defendant’s rejection of the proposal by a mixed formula, and made the Defendant’s refusal of cleaning the accommodation, and threatened the victim as if he was faced with the victim; and (c) on the other hand, the victim’s “one hick, dead,” and (d) the victim’s “one hick, dead, and knick,” which again was stored in the phish-gun, and (e) the victim’s body hick at one time, and (e) the victim’s body humbling and the victim’s body huming the excessive seed for treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Each protocol of seizure and the list of seizure;

1. An investigation report (on-site verification, etc.), an investigation report (a report accompanied by a medical certificate for injury);

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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 Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act recognize and reflects the instant crime, and even though the instant crime was committed in such a state that the Defendant had weak mental and physical disorder due to a scopic disease, the instant crime was committed against the victim, but it was too dangerous that the method of the instant crime was committed, such as the victim’s clothes and parts of the victim’s knife, and the victim’s knife may die according to the outcome of the crime.

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