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(영문) 제주지방법원 2021.02.04 2020고정636
폭행
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On 17:00 on 25, 202, the Defendant: (a) sought the victim D (n, 24 years of age) who works at “C” located in “C,” without any particular reason; (b) assaulted the victim four times, including the victim.

Summary of Evidence

1. The Defendant’s legal statement formation report (b) and internal investigation report (CCTV image data and related photographs) [The Defendant and his defense counsel asserted to the effect that punishment should be mitigated because the Defendant was physically and mentally weak due to mental illness at the time of committing the instant crime. However, according to the records, the Defendant may be recognized as having a mental illness, such as disorder, etc., which is acknowledged by evidence duly adopted and investigated by the court. However, the following circumstances acknowledged by this court are as follows: (a) the Defendant appears to be specifically stated by the investigative agency about the reason why the victim was invadedd four times as stated in the facts charged; (b) the Defendant appears to be aware that the Defendant was erroneous conduct regarding the instant crime; and (c) in light of the background leading up to the instant crime, the Defendant’s act before and after the instant crime, and the Defendant’s statement attitude at the investigative agency and this court, the Defendant had weak ability to discern things at the time of committing the instant crime

shall not be deemed to exist.

Therefore, the defendant and his defense counsel's mental and physical weakness are without merit.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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