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(영문) 청주지방법원 2019.05.23 2018고단3008
특수폭행
Text

A defendant shall be punished by imprisonment for six 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

At around 11:00 on December 7, 2018, the Defendant: (a) committed an assault against the victim D (the age of 59) who was waiting for an elevator by Cheongju-si, U.S. B apartment C with a view to the head of the victim’s head, stating that “The Defendant was waiting for the death of the elevator.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The Defendant’s defense counsel’s unsatisfy photographs [it does not seem that the Defendant’s defense counsel’s defense counsel’s unsatisfying the Defendant’s attitude, statement contents, and the Defendant’s behavior before and after the crime did not appear to have reached a state where the Defendant’s ability to discern things or make decisions at the time of the crime of this case, and thus

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing in Article 62-2 of the Probation Criminal Act is that the defendant is the first offender, the victim does not want the punishment against the defendant, and it seems that the defendant's unstable mental state has caused the crime even though it does not reach the degree of mental disability.

However, the crime of this case is committed by the Defendant, who was receiving a mental treatment from the past, without any reason, to display a watch, which is a dangerous object in front of his residence. While the victim was not injured, it could lead to a serious accident, taking account of the circumstances surrounding the crime, circumstances after the crime, family relationship, etc., the execution of imprisonment is suspended and probation is added to the Defendant.

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