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(영문) 대구지방법원 2017.03.30 2016고단4253

특수상해

Text

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

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

Reasons

Punishment of the crime

The defendant committed the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to pulmonary disorder, cerebral disorder, and so on.

On July 11, 2016, at around 18:10, the Defendant: (a) 5-story-dong D Hospital Closure D Hospital in Daegu-gu, Daegu-gu, and (b) when the victim E (30 years of age) who is the same patient was frighting the Defendant, or was dissatisfied with the Defendant’s goods without the Defendant’s permission, was considered to have contested the victim; (b) upon receiving hot water which is dangerous in the water purifier installed in the corridor at the same place, the Defendant diversd the victim’s head into the victim’s body; (c) obtained hot water from the water purifier, and then dived the victim’s face and part above, again dives the victim’s body and part above the 4-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, G, and H;

1. Application of Acts and subordinate statutes to report internal investigation (in cases of attaching a victim E-mail report), investigation report (in cases of attaching a diagnosis report on injury of victim E, a certificate of release from entering and release, submission of a suspect's written application and disability diagnosis report, CCTV analysis, and the form of carrying a suspect A's electronic file);

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

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

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

1. The defense counsel asserts to the effect that the defendant was in a state of mental and physical loss due to a pulmonary disorder, etc. in determining the defense counsel’s assertion under Article 44-2(1) and (2) and the main text of Article 44-2(3) of the Medical Orders and the Medical Care, Care, etc. Act.

The facts that the Defendant had been in a state of mental and physical weakness at the time of committing the instant crime are as seen earlier, but considering the details of the instant crime and the Defendant’s behavior before and after the instant crime, education and medical records, etc., the right and wrong at the time of the instant crime may change.