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(영문) 대전지방법원 공주지원 2016.03.11 2015고단507

특수폭행등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On December 4, 2013, the Daejeon High Court sentenced the Defendant to ten months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Defesing Violence, etc.) at the Daejeon High Court, and completed the execution of the sentence on July 8, 2014.

[Criminal Facts]

1. On July 11, 2015, the Defendant, at around 16:00, experienced a beer’s disease, which is a dangerous object on the table table for the victim F (48 taxes, inns) who is a restaurant operator, and was able to listen to the words “E” restaurant located in D, while drinking alcohol, and assaulting the beer’s disease.

2. The Defendant, at the time, and at the place specified in paragraph 1, was suffering from an illness, which is a product in danger of harming the left head of the Victim G (V, South) (V, 52) who drinked alcoholic beverages on the table 1, on the same ground as that stated in paragraph 1, and suffered injury to the victim, such as a wound open after returning to the left side where approximately two weeks medical treatment is required.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Answer requesting cooperation in investigation (in the face of 62 pages of investigation records), on-site photographs;

1. A previous conviction: A criminal history inquiry and investigation report (report on the previous conviction of a disposition and the results thereof, and confirmation of the period of repeated crime) [The defendant and his/her defense counsel denied the victim G's intention, but there was the intention of dolusence or bodily injury, as long as the defendant had been suffering from a main illness, which is a dangerous thing towards the victim, as long as the

must be viewed.

In addition, the argument of mental or physical loss or mental weakness is judged to fall under Article 10 (3) of the Criminal Act in light of the defendant's character, character, criminal record, etc., and thus, it should be deemed not to fall

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special assault and choice of imprisonment with labor) concerning facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.