logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 공주지원 2017.05.12 2017고단18
특수폭행등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On October 12, 2016, the Defendant committed assault, such as assaulting the victim E (29 years of age) in D Hospital 401 Byung-dong 4 of D Hospital D in Gongju-si, Gongju-si on October 22, 2016, and her flabing a dispute with the victim E (29 years of age) at D Hospital 401 Byung-dong 4 of D Hospital in Gongju-si, and her flabing him into the left side.

2. Around January 5, 2017, the Defendant, at the above D Hospital 401 medical conference room, committed assault, such as, among others, the Defendant collected the suspect, who was a dangerous object at the bar, on the ground that the Defendant was able to have the victim sworn, on the ground that the Defendant was able to do so, on the ground that the Defendant was able to talk with the victim, on the ground that he was able to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation Report-Attachment of photographs;

1. Copies of the current status of protective measures, copies of nursing records, and application of Acts and subordinate statutes;

1. Relevant Article 261 of the Criminal Act, Articles 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, the choice of imprisonment for a crime, and each of the choice of imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Crimes No. 1 applicable to the sentencing guidelines [Scope of the recommended punishment] Crimes of 6 types (Habitual, Cumulative, and Special Violence) (4-1-1-2 months) and 2 (the scope of the recommended punishment) of the mitigated area (special mitigated persons) [the scope of the punishment) of mental and physical weakness (no person responsible for himself/herself] of the mitigated area (1-8 months from the date of recommendation] of the mitigated area (1-1-8 months from the date of special mitigation) of the mitigated area (1-1-1) of the mitigated area (1-2 months from the date of special mitigation), the final sentencing scope of the aggravated punishment due to the aggravation of multiple offenders who have both mental and physical weakness (no person responsible for himself/herself): April

2. The sentence of imprisonment with prison labor is inevitable for the defendant who has committed a crime in the same kind, and repeatedly exercises violence while being confined in a custody center;

However, considering the fact that the defendant is led to confession, is in depth against himself and the fact that he is going to commit the crime under the mental and physical weakness.

Accordingly, the defendant's age, sex, health, criminal records, circumstances after the crime, etc. are considered, and the decision is made.

arrow