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(영문) 전주지방법원 군산지원 2019.01.30 2018고단988
특수폭행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 04:25 on July 23, 2018, when the defendant lacks the ability to discern things or make decisions due to editoric mental division, the defendant stopped B cabs before the 18-year-old Military bus terminal in front of the Gunsan City bus bus terminal in front of the Gunsan City (55 years-year-old) in front of the Gunsan City bus terminal in front of the 18-North Korea on July 23, 2018 and got into the victim C (21cm in total length, 10cm in blade length) with a dangerous object in possession without any reason.

Accordingly, the defendant abused the victim by using dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the statutes on records of seizure, list of seizure, photographs of victims, knife pictures, and field pictures;

1. Relevant Article 261 of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act, the choice of fines concerning criminal facts;

1. Article 10(2) of the former Criminal Act (amended by Act No. 15982, Dec. 18, 2018); Article 55(1)6 of the Criminal Act

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The risk of serious injury to the victim is heavy and the crime is committed in excess of the road, which is a dangerous object for sentencing under Article 334(1) of the Criminal Procedure Act, which is a reason for sentencing.

The defendant has been punished for the same kind of crime.

This is disadvantageous to this point.

However, there is a favorable circumstance that the defendant seems to have been in a state of mental disorder due to the editing mental division at the time of the crime of this case, and that the victim was in a state of mental disorder by agreement with the victim, the victim appears to have been in a preference against the defendant, the defendant's wrong recognition and reflects, and there is no past record of criminal punishment heavier than the fine.

Such circumstances and the age, character and conduct, environment, motive, means and result of the crime;

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