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(영문) 광주지방법원 순천지원 2020.04.14 2019고단1425

특수폭행등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[2019 Highest 1425] On June 10, 2019, the Defendant opened a gate in the residence of the injured party C (the age of 41) located in B at Fari-si, and demanded tobacco to the injured party, and collected tobacco from the injured party, stating that “a tobacco is to be given to A,” and “a tobacco is given to A”.

The Defendant committed assault by the Defendant by gathering 12 cm in length, which is a dangerous object on the floor, in a state that the Defendant had weak ability to discern things or make decisions due to intellectual disorder that was closely pusheder, middle light, etc. over two times outside the house. The Defendant committed assault against the Defendant by gathering four cm in width, which is a dangerous object on the floor.

[2019 Highest 1775] The Defendant: (a) from June 18, 2019 to June 12:30, 2019, when the Defendant lacks the ability to discern things or make decisions; (b) from around 09:00 on June 18, 2019 to around 12:30 on the same day, he was stolen with 4 parts of DarGLCK SNAL (Dr, BLCK SNAL) in which the market price in the West of the cremation was located in the cremation, and was located in the cremation, after opening gate by using the cres that the victim was not released from the house and intrusion into the house; and (c) entered the cremation, and cut off the cream (Drring, GGLCK SNAL).

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A written statement of C;

1. E statements;

1. Application of Acts and subordinate statutes to investigation report (as regards the hospitalization of a suspect in his/her alcohol treatment hospital),

1. Relevant legal provisions concerning criminal facts, Articles 261 and 260 (1) of the Criminal Act (the point of special violence), Article 319 (1) of the Criminal Act (the point of intrusion upon residence), Article 329 of the Criminal Act (the point of larceny), the selection of fines, and the selection of fines, respectively;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for the mitigation of mental illness and injury (person with mental disability);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the most recent mentally ill person.