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(영문) 서울북부지방법원 2020.04.29 2020고단593
폭행등
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

[Criminal Power] On August 21, 2019, the Defendant was sentenced to imprisonment with prison labor for an injury, etc. at the Seoul Northern District Court, and on December 9, 2019, the Defendant completed the execution of the sentence at the Seoul Eastern Detention Center.

【Criminal Facts】

The defendant is a person who lacks the ability to discern things or make decisions due to the fact-finding, etc.

1. Around February 7, 2020, the Defendant: (a) 09:24, entered a cream department located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and the second floor, and franchising hot water, and (b) was asked to leave from the victim D (W), who is a dental sanitarian, and was able to see uneasiness, during the process of opening a cromatic cream, and was committing assaulting the victim by taking advantage of the victim’s bridge.

2. At the time and time set forth in paragraph (1), the Defendant interfered with the operation of the victim’s dental services by force, such as: (a) the above Section Section operated by the victim E, referring to the crypian as described in paragraph (1); (b) dump the heavy coffees; and (c) dump the entrance and treatment guidance signboards of the above dental license and treatment guidance signs several times with the Defendant’s drinking

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each photograph;

1. A criminal investigation report (F telephone conversations for reference); A criminal investigation report (CCTV image verification report); and a criminal investigation report (to hear statements from a police officer in charge);

1. Criminal records as stated in the judgment: Application of criminal records, investigation reports (date of release and report on confirmation as to whether they are repeated crimes) and statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 260 (1) and 314 (1) of the Criminal Act that choose the penalty, and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. The fact that the defendant under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental illness is under confinement after undergoing the diagnosis of a pregnant woman prior to detention, and the defendant’s attitude and statement that was seen by the investigation agency at the time of the instant crime and the investigation agency at the time of the investigation, and the speech and behavior in the court.

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