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(영문) 서울중앙지방법원 2016.09.08 2015고정4370
폭행
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On October 22, 2015, the Defendant was sentenced to two years of imprisonment and medical treatment and custody in Seoul High Court due to property damage, etc., and the judgment became final and conclusive on January 14, 2016.

On November 8, 2014, at around 19:30 on November 19, 2014, the Defendant committed assault against the victim C (year 42) in front of the Suwon-dong, Busan Metropolitan Transportation Daegu Do, and assaulted the victim at two to three times with the loss floor of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol concerning suspect interrogation of C;

1. Previous convictions in judgment: Criminal records, US records and written confirmations, and application of statutes;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39(1) of the Exemption Criminal Act (the latter part of the Criminal Act, which is a crime in a state of mental disability, two years of imprisonment with prison labor, and medical treatment and custody of the defendant already been sentenced, and even if the crime of this case was judged at the same time as the crime of causing property damage on which the crime of this case was finalized, it seems that the punishment would not be aggravated,

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