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(영문) 광주지방법원 순천지원 2015.11.26 2015고단456
폭행등
Text

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

Reasons

Punishment of the crime

On May 16, 2014, the Defendant was sentenced to imprisonment for 8 months with prison labor for a violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) in the Netcheon Branch of the Gwangju District Court on May 16, 201, and the said judgment was finalized on May 24, 2014 and is still under suspended execution.

1. On November 28, 2014, the Defendant: (a) around 17:35, the Defendant reported the victim D(72 years of age) who passed the bed area in front of C Apartment 2, 17:35 on Nov. 28, 2014; and (b) assaulted the victim’s face at one time with the hand floor without any reason; and (c) when the victim was able to drive away from the bed area due to his/her escape, he/she was able to take care of the victim’s head by drinking

2. On November 28, 2014, at the above apartment guard room around 17:40 on November 28, 2014, the injured Defendant: (a) took the face side of the victim E (the age of 64) who was an apartment security guard who was frighting the Defendant’s assault as above, and inflicted injury on the victim, such as the non-closed inside of the number of days of treatment and the frame of the inner wall.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Written opinions, certificates of release on admission, and on-site photographs;

1. Previouss before judgment: Criminal history records, inquiry reports, investigation reports (Attachment of judgment) - Application of Acts and subordinate statutes;

1. Relevant Article 257(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Among concurrent offenders, the first-class, Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act for the reasons for the sentencing [the scope of recommending punishment] of the first-class, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] the mitigation area (two-one year) of the mitigation area (two-one year), and the second-class, Article 2 of the Criminal Act [the scope of recommending punishment] of the crime of violence [the scope of recommending punishment] of the mitigation area (one-one month) of the mitigation area (one-eight months) of the mitigation area (one-eight months), and the final sentencing scope due to the aggravation of multiple crimes (no person responsible for mental illness): two-one year and four months [the decision of sentencing] of the defendant suffers from mental illness

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