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(영문) 제주지방법원 2014.04.03 2014고단222
폭행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, a senior aged 78 years of age, lacks the ability to discern things or make decisions due to dementia, and, around October 14, 2013, around 12:30 on October 14, 2013, the Defendant, before the D office located in the Jeju-si, sent hours to the D office located in the city of Jeju, reported that his first victim E (son, 39 years of age) was promptly going from the D office, and reported that the victim’s father and wife “doing the toilet up to the toilet.”

The victim said that "I am off the victim's "I am off the victim's day" against the defendant, and "I am off the victim's day."

Accordingly, the Defendant used Paris debt, which was boomed by the Defendant, assaulted the victim by blicking the victim’s clothes in his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused (including F’s statement)

1. Application of Acts and subordinate statutes of E;

1. Relevant provisions of criminal facts: Article 260 (1) of the Criminal Act;

1. Mitigation of mental disorders: Articles 10 (2) and (1) and 55 (1) 6 of the Criminal Act;

1. Suspension of sentence: Article 59 (1) of the Criminal Act (it is a crime in a state of mental suffering from dementia, the method and degree of assault are relatively excessive, the fact of assault is recognized, the crime is committed in violation of the Stows Control Act in 1970 and there is no record of criminal punishment after being sentenced to a suspended sentence for six months, the violation of the Stows Control Act in 1970, and there is no record of criminal punishment after being sentenced to a suspended sentence for two years, the defendant's wife has no economic ability for the aged 78, and the defendant's wife suffers from dementia, etc.) [The suspended sentence is clearly judged to be the normal state of the opening of the sentence]

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