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(영문) 의정부지방법원 고양지원 2019.05.09 2018고정1080
폭행
Text

A defendant shall be punished by a fine of 400,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 17:30 on August 30, 2018, when the Defendant lacks the ability to discern things or make decisions due to mental illness, such as spawn, etc., the Defendant assaulted the victim D (the age of 20) who is a customer of the above coffee specialty store, which does not have any relation with the Defendant, on the following occasions: “I am well, I am well,” and “I am well, I am well,” and “I am the victim’s head at least twice in drinking.”

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

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

1. The defendant and his defense counsel asserted that the defendant had been in a state of mental disorder beyond a mental disorder due to the de facto illness at the time of the defendant's refusal to make a provisional payment order under Article 334 (1) of the Criminal Procedure Act.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court, namely, the fact that the Defendant, at the time of committing the instant crime and the situation before and after the commission of the police, is relatively detailed, and the background and means of the instant crime, the content of the instant crime, and the Defendant’s act before and after the instant crime, it cannot be deemed that the Defendant was in a state of mental disorder, beyond the lack of ability to discern things or make decisions.

Therefore, the above assertion by the defendant and the defense counsel is without merit.

A person shall be appointed.

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