(영문) 서울서부지방법원 2015.07.24 2015고정697

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(영문) 서울서부지방법원 2015.07.24 2015고정697

폭행

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

At around 15:45 on January 27, 2015, the Defendant: (a) discovered the victim D who became aware of her child in front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul on the street and, without any reason, took a bath of “the need to grow up,” and (b) took the victim D’s her face by putting the victim D with her hand by provokinging her head by her hand; and (c) assaulted the victims of the wall that had been in the nearby chemical group by continuing to her head debt, her head debt, and her head debt.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes to photograph victims;

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) 6 of the Criminal Act for mitigation of mental disorders;

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. The defendant and his defense counsel's assertion regarding the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act is asserted to the effect that the defendant was suffering from mental division at the time of the crime in this case. Thus, according to the records, it is acknowledged that the defendant suffered from mental division, but it cannot be seen that the defendant was in a state of loss of the defendant's ability to discern things or make decisions, in light of the circumstances such as the background and method of the crime, the details of the crime, and the behavior of the defendant before and after the crime committed by the aforementioned evidence. Thus, the above argument is rejected.

The reason for sentencing is that the defendant seems to have caused the crime due to mental division, reflects the fact that the defendant is the first offender, and others.

참조조문

유사 판례

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