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창원지방법원 2017.04.28 2017고단683

특수상해

Text

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

Reasons

Punishment of the crime

[Case of Criminal Records] The judgment of Changwon District Court on November 26, 2015 (a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.): Imprisonment with prison labor for two years/ suspended execution of three years: December 4, 2015; the final judgment of December 4, 2015 / [criminal facts] Defendant was at the E convalescent hospital located in Sungsung-gu, Changwon-si, and was at the time of the nurse’s retirement on the ground that the nursing attitude was unfaithd from the nurse around March 4, 2017; around 12:00 on the same day, Defendant heard from the nurse the statement that “I will am on the patient’s invasion while taking advantage of it, and come to the guidance of the nurse, I am am am hyd.” and am hyd from the victim F.(63) who appeared to witness this.

At around 13:50 on the same day, the Defendant, at the 2nd floor of the hospital located in the above hospital, stated, “I am this son?” to the victim, “I am off the victim’s face with a brick, which is a dangerous object, three times.”

As a result, the defendant injured the victim about 2 weeks of treatment, and suffered an open wound around the snow.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. For the punishment imposed under Articles 53 and 55 (1) 3 of the Criminal Act to be mitigated for a limited amount: Imprisonment with prison labor for three years: Grounds for aggravating the period of suspension of execution of imprisonment for a period of eight months: confessions, non-conformity with the punishment of victims, health care, etc. during the period of suspension of execution;