beta
(영문) 부산지방법원 2016.01.14 2015고단7351

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant assaulted the victim in a way that, on June 5, 2015, the victim C (52 cm) who was a taxi engineer at the front of the 2104 Geum-Jung Middle School as the center of the Geum-gu, Busan at around 20:25, in the state that the Defendant was under the influence of distinguishing things or making decisions due to a stimulative disorder, etc., puts the victim's grandchildren, etc. on the back of the mountain, and refuses boarding on the part of the 2104 Geum-gu, Busan, on the ground that he completed the business and refuses boarding on the part of the taxi. On the other hand, the Defendant sawd the victim's damages, etc. once flick, flick the chest part of the victim's head, three times at a travel room, and flick the victim's head, which is a dangerous object in the inside of the stimul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on seizure records;

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Taking into account the fact that there is no same record of the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act, the fact that an agreement is reached with the victim, and the fact that the mental illness suffered by the defendant is deemed to have been partly caused for the instant crime, such as a bipolartic disorder, etc.