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(영문) 인천지방법원 2017.09.06 2017고단1302
특수폭행등
Text

A defendant shall be punished by imprisonment for six 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 committed the following crimes under the status that the defendant has a weak ability to discern things or make decisions due to editing illness, etc.:

1. A special assault Defendant: (a) was wraped by the victim E (54) while leaving a urine on the wall surface of the D building located in Nam-gu Incheon Metropolitan City around January 10, 2017, from the victim E (54) while leaving a urging on the wall of the D building located in Nam-gu, Incheon.

“Along with the victim’s horses, the victim’s horse jum (20cm in width, 20cm in length, 3cm in thickness), which is a dangerous object, showed the victim’s attitude to take a jum, and the victim’s head was jum on the sidewalk.

The defendant carried dangerous objects as above and assaults the victim.

2. When the Defendant: (a) was arrested as a current offender due to the fact that he assaulted E with dangerous objects at the time, time, and place mentioned in paragraph (1); (b) and (c) in doing so, the Defendant got 339,700 won of the repair cost from among the back of the top of the Fabur lurg lurg lurg lurg lurg, which he received.

Defendant damaged the articles used by public offices as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Written estimate for the patrol vehicle;

1. Photographs damaged by a patrol vehicle and data to capture CCTV images;

1. Application of Acts and subordinate statutes to a report on investigation (written estimate);

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) (a point of special assault) of the Criminal Act, Article 141(1) (a point of damage to goods for public use) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing, and the necessity of medical treatment orders, under Article 62-2 of the Criminal Act, and Article 44-2 of the Medical Care, Custody, etc. Act;

1. The crime of this case is an act of assaulting a victim with dangerous articles, and destroying a police vehicle, which is a public object, and its nature is not somewhat weak.

the injured party shall not recover the damage.

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