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A defendant shall be punished by imprisonment for one year.
The application for compensation order of this case shall be dismissed.
Reasons
Punishment of the crime
On June 17, 2009, the Defendant was sentenced to imprisonment with prison labor for a maximum of two years and for a short of one year and six months at the Seoul High Court on April 19, 201, and completed the execution of the sentence at the Gwangju Prison on April 17, 2013. On April 17, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective injury, a deadly weapon, etc.) at the Gwangju District Court, for one year and six months and three years of suspension of execution, and the Defendant withdrawn the appeal on May 22, 2013, and the said judgment became final and conclusive.
In the state that the Defendant lacks the ability to discern things or make decisions due to depression, mental illness, etc., the Defendant: (a) around 01:00 on January 13, 2013, when in dialogue with the victim C, who was known to his/her usual sense from the Nam-gu Incheon Metropolitan City Droud 302, thought that the victim, who was under his/her age, was frightened by the Defendant, was a dangerous object in his/her kitchen and was in his/her kitchen at the same time; and (b) the victim, who threatened the victim with his/her will and tried to prevent him/her from doing so, led the victim to a threat of the victim as he/she did, and the victim was frighted for about 4 weeks of treatment, such as the diversification of my/her finger and her finger, damage to his/her ability, heat, etc.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of each police statement regarding C;
1. A complaint;
1. A medical certificate;
1. Previous records of judgment: Defendant's legal statement, criminal records, investigation reports, application of a copy of judgment, and statutes;
1. Relevant Article 3 (1) or 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act concerning facts constituting an offense;
1. Aggravation of repeated crimes: The proviso to Article 35 and the proviso to Article 42 of the Criminal Act;
1. Mitigation of mental disorders: Articles 10 (2) and 55 (1) 3 of the Criminal Act;
1. Concurrent treatment: The latter part of Article 37 and Article 39 (1) of the Criminal Act;
1. Discretionary mitigation: The fact that the defendant recognized the facts charged and reflects it, deposited KRW 90,000 to the victim, and attempted suicide several times by the defendant under Articles 53 and 55(1)3 of the Criminal Act.