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(영문) 부산지방법원 2014.04.16 2013고단2764
폭행
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 6, 2013, at around 03:05, the Defendant, like the victim E (Woo, 39 years of age) who is the owner of the above main shop, took a bath on the ground that the victim is in the alcohol value, and assaulted the victim, such as “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense and Article 260 (1) of the Election of Imprisonment;

1. As to the assertion of the Defendant and his defense counsel under Article 62(1) of the Criminal Act (i.e., confession, degree of assault, etc.), the Defendant and his defense counsel stated that they were in the state of mental disorder or mental and physical disability by being drunk at the time of each crime of this case. Thus, according to the records, the Defendant’s drinking prior to the crime of this case is recognized, but the Defendant had no ability to discern things or make decisions.

The above assertion cannot be accepted as it seems to be in a state or weak condition.

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