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(영문) 서울중앙지방법원 2015.08.31 2014고단7693
폭행
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2014 Highest 7693] In a state of mental disability caused by mental fission, the Defendant committed assault, around October 15, 2014, on the ground that at around 11:15, the Defendant was in a state of mental disability caused by mental fission, the Defendant was fluoring the victim’s bench, which was stopped by the victim C (or 27 years of age) in front of the Seocho-gu, Jung-gu, Seoul, Seomun-gu, Seoul, in drinking at the head of 99-gu, and was fluoring the victim’s bench with the victim’s head, and without any special reason, the Defendant was fluoring the victim’s bench with the victim’s head by brushing the victim’s bench with the victim’s head.

[2014 Highest 9144] The Defendant assaulted the face of D’s son E (age 2) who was known to D as drinking in Jung-gu, Seoul, on October 17, 2014, at around 16:30, when the Defendant assaulted D’s son’s face (age 2) who was known to D, without any justifiable reason before the Seoul Middle-gu, Seoul Urban Span.

[2015 Highest 3454] The Defendant, in a state of mental disability caused by mental division, assaulted the victim at one time on the back of the victim F (F, 25 years old) at the front of the 110 Seoul Metropolitan City public square crosswalk, which is located in the 110 as of March 30, 2015, as of March 30, 2015, in a state of mental disability caused by mental division.

Summary of Evidence

[2014 Highest 7693]

1. Statement to C by the police;

1. C’s statement;

1. The criminal place [2014 Highest 9144]

1. Statement made to D by the police;

1. Investigation report (related to hospitalization of a suspect mental hospital) (related to hospitalization);

1. The police statement concerning F;

1. A written statement;

1. Application of Acts and subordinate statutes to investigation reports (related to the prevention of assault against a victim and the appearance of a suspect), investigation reports (referring to the violence of a victim and photographs of a damaged spawn);

1. Article 260 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

1. Of concurrent crimes, the following circumstances are the reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act:

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