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(영문) 의정부지방법원 2016.02.03 2015고단3688
특수폭행
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 21, 2014, the Defendant was sentenced to a suspended sentence of 4 months of imprisonment with prison labor due to an injury, etc. in support of Sungnam branch of Suwon branch of Suwon branch of Suwon branch of Korea on March 21, 201, and the said judgment became final and conclusive on April 11, 2015,

On September 21, 2015, the Defendant assaulted the victim by gathering the head debt of the victim C (Woo, 12 years old) that was passed on the road in front of the 'Sung central church' located in 442 Yeung-ro 442, Yong-si, Yongyang-si, Namyang-si, Seoul, by gathering 19:20 on September 21, 2015, and gathering the flab of the victim's flab, and flabing the flab, which is a dangerous object that was far away from the roadside (flab, 13.5cm in width, 18cm in length).

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs;

1. Previous convictions: The counsel for the determination of the defense counsel's assertion of criminal history and investigation report (report attached to the accused's judgment, etc.); and the defendant suffered from mental fissiona and was in a mental and physical state at the time of committing the crime.

The argument is asserted.

Criminal facts

When considering the statement of the defendant in the investigation agency about the contents and motive of the crime, it is highly suspected that the defendant has no mental illness as alleged by him.

However, there is no big difficulty in communication with the defendant's attitude and attitude in this court, and the defendant was treated with a mental illness before the times.

However, the contents did not appear, and even if there was a medical act as alleged by the defendant, there was a medical act.

In light of the fact that the defendant escaped from a narrow channel to avoid the police (a report on investigation (the statement made by the victim's stuff), etc., the defendant did not lack the ability to discern things at the time and make decisions, and the defendant did not lack the ability to discern things at the time.

Since it is recognized, the counsel is above.

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