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(영문) 서울중앙지방법원 2016.09.07 2015고정4849
폭행
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 13, 2015, around 23:06, the Defendant asserted that the victim C(the age of 48) was her husband, who was placed in the front of the Cheongwon apartment of Cheongwon-si, Seoul Special Metropolitan City, Cheongwon-si, 9, 1, 1, 1, 1, 1, 1, 1, 1, 1, 2, 201.

The defendant, who got oral back the victim's body, was frightened by the victim's body, and assaulted twice by drinking the back of the female.

Summary of Evidence

1. The legal statement of the witness C;

1. Application of written statements, factual confirmations (C)-related Acts and subordinate statutes;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the assertion of mental or physical disability of the defense counsel under Article 334(1) of the Criminal Procedure Act, the defendant alleged that he/she was in a state of mental or physical disability due to stimulative disorder at the time of the crime of this case. However, according to the records, the defendant is found to have received hospitalized treatment due to stimulative disorder from October 20, 2015 to December 16, 2015, but in light of the circumstance leading up to the crime of this case and the method of the crime, etc., it is difficult to view that the defendant had the ability to discern things or make decisions due to the symptoms of stimulative disorder, and therefore, the above argument of mental or physical disability of the defendant is groundless.

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