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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
On August 29, 2012, the Defendant sentenced four months to imprisonment with prison labor at the Gwangju District Court for fraud, etc., and completed the execution of the sentence on October 10, 2012.
[2014Kadan744] On February 12, 2014, around 18:30, the Defendant assaulted the victim’s left side of the right side by drinking the victim D (the age of 36) and walking the victim’s left side on two occasions without any reason, while the Defendant, in front of the Gangnam-gu Seoul Seoul building, was in the absence of the ability to discern things or make a decision due to the crymosis.
[2014고단2475] 피고인은 2014. 2. 12. 22:30경 성남시 수정구 태평동에 있는 가천대역 4번 출구 앞 노상에서, 조현병(정신분열증)으로 인하여 사물을 변별하거나 의사를 결정할 능력이 미약한 상태에서, 길을 걷고 있던 피해자 E(33세)이 피고인을 칼로 찌르려 한다고 오인하여, 주먹으로 피해자의 뒤통수 부위를 1회 때리고, 주먹으로 피해자의 오른쪽 눈 부위를 1회 때려 바닥에 넘어뜨리고, 발로 피해자의 얼굴과 몸통을 무차별적으로 걷어찼다.
As a result, the defendant put the victim a eye on the right side of the days of treatment.
Summary of Evidence
1. The defendant's legal statement [2014 highest744];
1. Written statements and the statements related thereto;
1. Investigation report (Confirmation of repeated crimes);
1. Court rulings (Evidence Nos. 10 and 11);
1. Current status of the number or accommodation of each individual;
1. E’s written statement and its written statement;
1. An investigation report;
1. Two copies of the judgment; and
1. Application of Acts and subordinate statutes on the current status of individual reduction/Incarceration;
1. Relevant Articles 260(1) and 257(1) of the Criminal Act concerning criminal facts, the choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental disorders is that the Defendant has symptoms such as the damage and loss, excessive state, and impairment of real judgment from around December 2006.