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수원지방법원 안산지원 2019.05.17 2019고정91
폭행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On September 14, 2018, the Defendant was sentenced to imprisonment with prison labor for six months for assault and bodily injury in the Suwon District Court's Ansan Branch for the crime of assault and bodily injury, and the said judgment became final and conclusive on September 22, 2018.

The defendant is a person who lacks the ability to discern things or make decisions due to mental fissionability.

1. On April 21, 2018, the Defendant: (a) expressed, without any justifiable reason, the victim B’s desire in front of the “D” located in Ansan-si Member C, Ansan-si; (b) took the head debt of the victim, and subsequently, took the body part of the victim’s body back back to several times.

2. Around 20:20 on April 21, 2018, the Defendant committed an assault against the victim E, without any justifiable reason, by putting the head debt of the victim E in front of the member-gu in Ansan-si, Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of B, E, and G;

1. Details of the victim B text transmission and content of the victim E text transmission;

1. Investigation reports (on-site CCTV images verification, etc.), and application of Acts and subordinate statutes concerning investigation reports;

1. Article 260 (1) of the Criminal Act and Article 260 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The victims' punishment is the defendant's punishment; the defendant is a crime committed under the state of mental disability due to mental fission; the degree of damage is not severe; the degree of damage should be considered at the same time as the judgment became final and conclusive; and the defendant's age, character, environment, family relationship, and circumstances after the crime are considered.

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