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(영문) 대구지방법원 안동지원 2017.06.22 2017고합23
존속폭행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

The prosecution against remaining assault in the facts charged of this case is dismissed.

Reasons

Punishment of the crime

On November 7, 2014, the Defendant was released on April 30, 2015 and the parole period expired on May 6, 2015 while he was sentenced to six months for a violation of road traffic law (drinking) in the Daegu District Court's support on November 7, 2014.

On July 2, 2016, the Defendant: (a) under the influence of alcohol around 17:00, while lacking the ability to discern things or make decisions; (b) filed a request for a summary order of KRW 1,00,000,000 for the fact that the above senior citizens’ meeting was destroyed by the damage of the entrance of the senior citizens’ center; (c) at the time, the said senior citizens’ meeting did not have the intent to submit a estimate to the police and pay a fine to the police; and (d) the said senior citizens’ meeting did not cause the death of the vehicle; and (d) the Defendant found the “D senior citizens’ meeting” owned by the victim D senior citizens’ meeting in Ansan-si, A while breathing gasoline on the gasoline in front of the entrance of the senior citizens’ meeting and destroyed the outer wall at the city by attaching it to the bar carrying gasoline on the entrance and the outer wall of the senior citizens’ meeting.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the results of field identification, a response to a request for appraisal, and an appraisal of a fire case;

1. A certificate of issuance of a copy of medical records;

1. A certified copy of register;

1. All on-site photographs;

1. Previous convictions in judgment: Application of inquiry requests, such as criminal history, and applicable Acts and subordinate statutes on acceptance status;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

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

1. Determination as to the defendant and his defense counsel's assertion under Articles 53 and 55 (1) 3 of the Criminal Act (the following grounds for sentencing)

1. The Defendant, at the time of committing the instant crime, was found not guilty in accordance with Article 10(1) of the Criminal Act, on the ground that the Defendant was in a state of mental and physical loss by Mauriting four agrochemicals a week.

2. Determination

(a) the existence and degree of mental disorder as stipulated in Article 10 of the Criminal Act;

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