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(영문) 대전지방법원 2019.01.22 2018고정1091
폭행
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

The defendant had a weak ability to discern things or make decisions due to the illness of the defendant.

On August 6, 2018, at around 09:35, the Defendant assaulted the victim at one time by taking the head of the victim B (n, 18 years of age) (n, 18 years of age) who was her hand at the bus stops located in the Dong-dong, Daejeon-dong 16-6, Daejeon, without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes in B of the victim statement;

1. Relevant Article 260 (1) of the Criminal Act concerning the crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act (a person with a mental disability who repeatedly discharges him/her from his/her admission and requires treatment of residual diseases related to mental health);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the Detention in Labor House;

1. Article 62 (1) of the Criminal Act on the suspended execution [The grounds for mitigation of mental or physical disability, the unconstitutional support of the parents of an older person who has been employed]

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