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(영문) 서울서부지방법원 2017.06.09 2017고단1205
특수폭행등
Text

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

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is in a state that the defendant lacks the ability to discern things or make decisions due to the constant disability, etc.

1. A special assault Defendant is a her mother rape victim E (year 46) of the Environmental U.S.C. (hereinafter “D Park”) who had been taking waste before “D Park” located in Eunpyeong-gu Seoul on April 20, 2017, around 00:40.

Using approximately 1.2 meters of Aluminium finium finites, which is a dangerous thing in possession of “” sound, assaulted two to three times the parts such as the damaged person and the left hand, etc.

2. On April 28, 2017, around 17:32, the Defendant: (a) followed the Victim G (50) passed in front of the Eunpyeong-gu Seoul Metropolitan Government on the street; (b) sold the victim’s face, such as drinking, without any justifiable reason; and (c) thereby, the Defendant inflicted an injury on the victim, such as cutting off the front fel of the felke, which requires approximately 4 weeks of treatment, by drinking the victim’s face going beyond the floor.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement to G and E;

1. A H statement;

1. 112 A statement on the handling of reported cases and a general opinion;

1. Application of Acts and subordinate statutes to photographs of the victim's bodily injury, photographs of the victim's damaged part, and photographs of the crime committed and the arrest of the victim;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 261, 260(1) (a) (a point of assault to carry dangerous articles) of the Criminal Act and Article 257(1) (a) of the Criminal Act (a point of the first year) of the Criminal Act;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. According to the reasons for sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act, the punishment shall be determined by taking into account the circumstances, the Defendant’s age, sex, environment, circumstances after committing a crime, etc. - the favorable circumstances - the fact that there is no record of criminal punishment exceeding the fine - the fact that there is no record of criminal punishment beyond the fine - the hospitalization and outpatient treatment due to the disorder of the current operation.

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