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(영문) 청주지방법원 2019.10.22 2016고단1163
폭행
Text

A defendant shall be punished by imprisonment for not less than two months.

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

Reasons

Punishment of the crime

While the Defendant, with a mental disorder of class 3, lacks the ability to discern things or make decisions due to mental illness, such as a man-time illness, the Defendant, around February 26, 2016, as the house of the Victim C (Min, 73 years old) located in Cheongju-si, considerable area of Cheongju-si on February 26, 2016, “Sspah. Dohhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Each police statement to C, D, and E;

1. Each written statement C, D, and E;

1. Each investigation report, the defendant, and the defense counsel's assertion that there was no assault against the victim. However, in full view of the following circumstances revealed by the evidence of the judgment, namely, the victim made a concrete statement to the effect that it conforms to the facts charged, and the victim appears to have no special motive to dismiss the defendant, and D and E also made a statement to the effect that "the victim's new wall defendant on the day of the case was found in his house and who caused a disturbance", and supported the victim's statement to a certain extent, the defendant appears to have abused the victim after finding the victim's house as stated in the facts charged.

Defendant

We cannot accept the assertion.

Application of Statutes

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 Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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 has been hospitalized for a long time due to the early illness, etc., and that there was a failure against neighbors from the past.

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