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(영문) 의정부지방법원 고양지원 2018.12.13 2018고정883
폭행
Text

Defendant shall be punished by a fine of KRW 400,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

When the Defendant lacks the ability to discern things or make decisions due to Choyang-gu illness, the Defendant operated the vicinity B around the Seo-gu, Busan-gu, Seoul-do around July 9, 2018, when around 09:50.

C In the bus, the victim D (16 Does, n't "Ely bad years)" was sounded, and the victim's head debt was flicked, and assaulted 4 to 5 times on the right side of the victim's inside with the left side drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. In full view of the fact that the defendant has received mental and physical treatment for a long time and received hospitalized treatment for a considerable period of time, etc., the defendant, who does not have any previous criminal record, assaulted the victim, who is a student, not E, in the bus by referring to the victim, who was not himself or herself, and the content of this case that he or she was unable to do so, the defendant stated that he or she was the victim of the death of E at the time, and the defendant stated in the medical record of the defendant that he or she was the victim of the death of E at the time, and that the defendant complained of and was receiving medical treatment for a long time, it is reasonable to deem that the defendant committed the crime of this case under the mental and physical influence of the defendant.

B. The defendant and his defense counsel have lost mental and physical condition.

However, in light of the circumstances following the crime, including the fact that the defendant was dead on the bus immediately after the crime, and the fact that the defendant was living with prison care at the time, the defendant does not seem to have reached the mental and physical loss at the time, and thus, the argument for mental and physical loss is rejected.

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. Article 10(2), Article 10(1), and Article 56(1)6 of the Criminal Act to mitigate mental and physical weakness;

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

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