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(영문) 수원지방법원 성남지원 2014.03.21 2014고단56

폭행등

Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2014 Highest 56] The Defendant lacks the ability to discern things or make decisions due to a mental fission;

1. On November 13, 2013, around 15:19, at the entrance of the 'Mamart' in Gwangju-si, Gwangju-si, 20-11, the victims expressed that the victim C (at the entrance, 18 years old), and the victim D (at the age of 18 years old), who was in front of the entrance, interfered with the victim, who was her hand, expressed the desire to see why she would she she she would she she would she she about her way off and she would she she she she off, and she would she she she face her head with the stable hole she was she was her hand off, and the victim was her victim, such as she was her head, she was frightd with the victim's head and she

2. At around 15:30 on the same day, at around 5:30, the victims reported 112, and the victims of the vehicle who drive away from the Defendant, assaulted the victims of the vehicle, such as the vehicle that gets off the stable air and d's bridge and walked by the d's bridge.

『2014고단223』 피고인은 정신분열증으로 인하여 사물을 변별할 능력이나 의사를 결정할 능력이 미약한 상태에서, 2014. 1. 12. 16:45경 서울 종로구 우정국로 51에 있는 종각역 ‘다’ 게이트 앞을 지나가다가 피해자 E의 일행들이 게이트 앞에 모여 있는 것을 보고 아무런 이유 없이 주먹으로 피해자의 우측 얼굴 부위를 1회 때려 피해자의 귓불에 피가 나게 하는 등 치료기간을 알 수 없는 상해를 가하였다.

Summary of Evidence

"2014 Highest 56"

1. Defendant's legal statement;

1. A written statement of C and D;

1. Investigation reports (on-site conditions, etc.) 201 Highest 223;

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of each statute on photographs;

1. Relevant Article 260 (1) and Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. Article 62 (1) of the Criminal Act;