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(영문) 서울북부지방법원 2017.03.09 2016고단4388
폭행등
Text

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

Reasons

Punishment of the crime

The defendant committed the following crimes under the conditions that the defendant lacks the ability to discern things or make decisions due to mental illness of the on-site illness:

1. Violence;

A. On October 9, 2016, around 07:50 on October 9, 2016, the Defendant used the victim D (31 tax) in Seoul Special Metropolitan City, Nowon-gu, for the convenience store operated by the victim D (31 tax). The Defendant assaulted the victim by walking the back part of the damaged person once due to his/her demand to cut tobacco from the victim.

B. Around 10:15 on the same day, the Defendant sought again at the above place and used the victim F (the 21 years of age), who is an employee of the above convenience store, to take a bath, such as “two years of age, weather, youth, and Chewing,” without any particular reason, and used enormous sugars and toys, which were in front of the calculating unit, to assault the victim.

2. On October 9, 2016, the Defendant who damaged property finds at the above place again on or around October 2016, and takes a bath to G, who is an employee of the above convenience store, and takes out one cigarette in a tobacco display stand.

In addition, bucks, about 50 and six raw water were collected on the floor and damaged.

Accordingly, the defendant damaged property equivalent to 20,500 won in total of the market price owned by the victim D in the above convenience store business owner.

3. The Defendant interfered with his duties at a time, at the same time, at a place as set forth in paragraph 2(2) and at the same time, caused the victim G (24 years old), an employee of the above convenience store, to drink the bage of the said convenience store, and obstructed the Defendant from calculating the value of the goods by taking a bath to customers and taking a calculated stand.

Accordingly, the defendant interfered with the victim's convenience store management by force for about five minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with respect to G, D, and F;

1. Written statements of D and F;

1. Investigation report (CCTV verification) and investigation report ( telephone communications with victim D);

1. Application of Acts and subordinate statutes to scene photographs that damage property;

1. Article 260(1) of the Criminal Act (the point of violence), Article 366 of the Criminal Act (the point of damage to property), Article 314(1) of the Criminal Act as to the crime.

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