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(영문) 대구지방법원 서부지원 2019.08.30 2019고단1394

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

At around 17:30 on May 11, 2019, the Defendant: (a) committed assault to the victim’s right-hand bucking part of the bucking part of the bucking part of the bucking part of the bucking part of the bucking part of the bucking part of the bucking part of the bucking part of the bucking part of the bucking part of the bucking part of the bucking part, in order for the victim’s mother to take aboard the fdiversified vehicle driven by E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. Evidence of mental and physical state: Application of Acts and subordinate statutes by comprehensively considering all circumstances, such as a statement of 112 reported cases, request for emergency hospitalization, report on internal death (specific identification of a suspect), investigation report (information on telephone communications, etc. of a person in charge of Gu management in the achievement group related to the suspect administrative hospitalization), investigation report ( telephone communications, etc. of a person in charge of Gu management in the achievement group related to the suspect administrative hospitalization), and the defendant's words and attitudes recorded in the evidence record;

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

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Treatment and Custody, etc. Act is that the Defendant is disadvantageous to the Defendant, on November 22, 2018, inasmuch as he/she was sentenced to a suspended sentence of one million won for special assault in the branch court of the Daegu District Court on November 22, 2018, the Defendant repeated the instant crime, the victim was born in 2007, and was not recovered from damage, and the instant crime is highly dangerous.

On the other hand, the fact that the defendant was in a state of mental disability at the time of committing the crime of this case, and that there is no particular criminal power other than the above fine.

(b) other.