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(영문) 부산지방법원 2019.05.22 2018고단3203
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant had weak ability to discern things or make decisions due to the illness, etc.

1. Around 08:00 on June 17, 2018, the Defendant assaulted the victim’s left brine on the ground that the victim B(68 years of age) spits spite in a spite park located in Young-gu, Busan Metropolitan City 79-ro 76-ro, and on the ground that the brine is bad, on the ground that the brine is bad.

2. The Defendant: (a) discovered the victim C (the age of 65) at the time, time and place specified in paragraph (1) in B; (b) carried the victim’s stick, which is a dangerous object cited by the victim; and (c) carried the victim’s left part of the victim’s stick, and (d) carried the victim’s stick with the above stick, and (e) let the victim go beyond the victim by putting the above stick.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning C and B;

1. Application of Acts and subordinate statutes to investigation reports (victim photographs, stick photographs);

1. Relevant provisions of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence), Articles 261 and 260 (1) of the Criminal Act (the point of violence to carry dangerous articles), 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. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: One to seven years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Violence Decision) (Special Violence) and violent crime [Type 6] and the elements of mitigation of repeated crimes and special assault (Special Aggravationd Person]: mental or physical disability (the area of recommendation and recommendation), mitigation area, 2 months to 12 months;

(b) Class 2 crime (determination of types of assault) and violent crime [Type 1] and general assault [Special Punishment] mitigation elements: mental and physical disability [the area of recommendation and recommendation range] mitigation area, one month to eight months of imprisonment.

(c) Standards for handling multiple crimes shall be met;

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