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(영문) 대구지방법원 2018.11.29 2018고단4644

폭행

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant committed the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to acute and mental disorder.

1. Around October 21, 2018, the Defendant committed the crime against the victim B, on the one hand, assaulted the victim B (the victim B (the victim B, who was aged 35) who was living in front of the common entrance door of the Jung-gu Daegu apartment D, Daegu, Daegu, about October 8, 2018, on one occasion at the back head of the victim without any reason.

2. On October 12, 2018, the Defendant assaulted the victim E (hereinafter referred to as 62 years of age) of the victim’s face face by drinking only once, without any justifiable reason, at the live market platform located in 16-3 (live Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter referred to as “victim E”).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and B;

1. Each investigation report (Attachment to photographs of screen pictures to suspend CCTV images on the spot), and (Attachment to Criminal Suspect's spirit and medical records, etc.) the application of statutes;

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

1. The reason for sentencing under Article 10(2) and Article 55(1)3 of the Criminal Act for mitigation of mental and physical weakness committed assault against the victims without any reason even though the Defendant was sentenced to a fine for multiple assaults.

However, in light of the fact that the defendant recognized the crime of this case and reflected, the degree of violence is not severe, and the defendant committed the crime of this case while the mental disorder lacks the ability to discern things or make decisions due to the mental disorder, the punishment as ordered shall be determined by taking into consideration the age, sex, family environment, circumstances before and after the crime, etc.