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(영문) 대전지방법원 2019.07.25 2019고단1513
폭행
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[Criminal Power] On August 29, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for the obstruction of performance of official duties, etc. in the Daejeon District Court Seosan Branch, and completed the execution of the sentence on April 15, 2018.

【Criminal Facts】

The Defendant, at around 17:20 on April 25, 2019, when he/she was aware of the fact that he/she had the ability to discern things or make decisions due to an on-site illness, etc., and was going to enter the said emergency room at around 17:20 on April 25, 2019, he/she obstructed tobacco before the entrance of the emergency room of the Daejeon Seo-gu Daejeon, and obstructed the victim D (53) by the head of the security team of the relevant hospital, who found the fact that he/she found it to be “at the hospital, he/she should not smoke, and go out of the hospital, and give him/her smoking,” and the victim “at the time of this hospital’s head of this hospital, I must go out of the hospital. I must go out of the bar. I must go out of the bar. I must do so.”

Summary of Evidence

1. Statement of the police against D (Evidence No. 13);

1. Photographs of the certificate of release and photographs of the victim’s face;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as personal confinement and judgment;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. According to Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental illness [the grounds for sentencing appears to have existed when the Defendant, at the time of committing the instant crime, had the ability to discern things or make decisions due to mental illness, such as a tide disease, in full view of the following factors: (a) the fact that the Defendant was diagnosed as a early injury as a result of a mental assessment conducted in another case against the Defendant on July 21, 2017; (b) the background of the instant case; (c) the situation before and after the arrest; and (d) the content of the statement

1. The scope of the recommended punishment according to the sentencing guidelines (the decision of types) shall be limited to the category 1 (the person subject to special mitigation).

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