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(영문) 부산지방법원 동부지원 2019.09.18 2019고단1036

폭행

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant, at around 01:00 on October 7, 2018, committed assault to the victim C (the aged 32) who was frightening in front of the building B in Busan-gun, Busan-gun without any justifiable reason, leading the victim to his/her son, who was frightening in his/her hand, while suffering from a cryp, due to a bipolartic disorder, a manuous disorder, and lack the ability to discern things or make decisions on his/her will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Four copies, such as a certificate of entrance and discharge;

1. Written opinions of opinions;

1. Application of Acts and subordinate statutes to report the results of internal investigation;

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

1. Articles 10(2) and 55(1)3 of the Criminal Act for statutory mitigation (Article 10(2) of the same Act (Article 15(1)3 of the Act provides that the Defendant has committed the instant crime under the conditions that the Defendant had committed the instant crime under the conditions that he/she had the ability to discern things or make decisions, such as mitigation of mental or physical disability, and even when he/she has been suffering from hospital located in Gyeyang-si from August 2018 due to mental illness, such as a stimulative disorder, and a manuous evidence showing symptoms of mental disorder, etc.

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

1. The reason for sentencing is that the defendant in the period of sentencing of Article 62-2 of the Act on Probation and Medical Treatment and Custody, Article 44-2(1) and (2), and Article 2-3 subparag. 1 of the Medical Treatment and Custody, etc. Act (as seen earlier, the defendant needs to receive outpatient treatment as a mentally handicapped person whose punishment is mitigated pursuant to Article 10(2) of the Criminal Act, and there is a risk of recidivism) assaults the victim without any justifiable reason, and that the defendant did not agree with the victim and did not recover from damage.

However, it is against his own mistake, the defendant was in the state of mental disability at the time of the crime of this case, and criminal punishment for the same kind of crime.