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(영문) 수원지방법원 2017.09.18 2017고단2324
특수폭행등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, with a disability of grade II with a physical disability, has a weak mental capacity to discern things or make decisions due to editing illness, etc.:

1. On April 8, 2017, around 22:50, the Defendant: (a) taken a part of the victim’s math, i.e., standing signboards (50cm, 1m in width, 35m in length) located at the end of the victim E (W), where the Defendant was going to a place to avoid disturbance, such as breaking the relevant cattle disease and throwing a brick, without any justifiable reason, at the seat of the victim, around 22:50, 2017.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant obscenity, at the time, at the place specified in the above paragraph 1, and at the time, at the 112 report, sent out by the police officers upon receipt of the 112 report, exceeded the booms and clothes, which the police officers reported, from among themselves, on the personal information and the circumstances of the case.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Relevant photographs;

1. An order to submit a report to the F hospital of this Court and the result of inquiry and reply;

1. Application of the Act and subordinate statutes as a result of the investigation before the judgment of the observation office for the protection of water sources by this court;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) (a point of special assault) of the Criminal Act, Article 245 (a point of public performance obscenity) of the Criminal Act, and the choice of imprisonment with prison labor;

1. According to Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness [this Court’s submission order to F hospital and reply to the fact, and the result of the judgment prior to the judgment on the observation station of the source protection of this Court, the Defendant was hospitalized in the National Health Center, etc. from 1996 to 2017, and the Defendant appears to have been given a symptoms leading to cry, etc. due to his neglect of taking drugs at the time of the instant case.

In addition, the defendant's statement in the investigative agency does not comply with the logical flow and the situation of his own is normal.

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