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(영문) 청주지방법원 2018.07.12 2018고단881
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant and the victim C (n, 58 years old) and the park are known to each other only in the face.

In a state where the defendant lacks the ability to discern things or make decisions due to damage to memory, recognition function, etc., the defendant was in front of the entrance of the YMCA at the Central Park YMCA on April 27, 2018, at around 33 Cheongju-si, 55 o-ro, Cheongju-si, Cheongju-si, on the ground that the victim expressed her desire before the towing, he was influenced with excessive knife (20 cm in length, 10 cm in length in knife) which is dangerous to the face of the victim, and used it as a knife, and "Weg, this knife, knife, and knife (10 cm in length)", and used it as a knife of the victim's bridge.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Protocols of seizure and list of seizure, and application of statutes verifying seizure;

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 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 to mitigate mental and physical weakness;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the following circumstances: (a) the reason behind sentencing under Article 48(1)1 of the Confiscation Criminal Act is poor and the fact that it is not agreed with the victim; (b) the elderly and health status is not good; (c) the crime committed in mental and physical weakness; and (d) the motive, means, and result of the crime; and (e) all other circumstances, including the circumstances after the crime, etc., on which the sentencing conditions specified in the records and theories of this case are attached, the sentence

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