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(영문) 춘천지방법원 2019.08.30 2019고합38

상해등

Text

The punishment of the accused shall be determined by six months of imprisonment.

The medical treatment and custody claim of this case is dismissed.

Reasons

Punishment of the crime

The defendant committed crimes as follows, under the state that the defendant lacks the ability to discern things or make decisions due to the on-site illness.

On November 1, 2018, the Defendant did not comply with the Defendant’s request on November 23:50, 2018, at the “C” station located in Hongcheon-gun, Hongcheon-gun.

The defendant suffered injury to the victim E (the 46-year old), who is the land of D, by a tool that could not be known that the defendant would go out of the defendant and go out of the house, and the victim's face face is unfolded by three times, and the defendant suffered injury to the left-hand frame of the mouth attached to the mouth, the mouth, and the 42-day area of the victim's face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of the victim;

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

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental disorders;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to three years;

2. Determination of the types of recommendations according to the sentencing guidelines: Determination of the scope of recommendations according to the sentencing guidelines: General injury (type 1) by general person who suffers from general injury, - mitigated elements: The scope of recommendations and recommendations for mental and physical disabilities: Determination of the reduction area, the application for medical treatment and custody for February to October;

1. An applicant for medical treatment and custody (hereinafter referred to as "defendant") has committed a crime under a state of mental disorder and needs to receive medical treatment at a medical treatment and custody facility in light of mental illness treatment records, etc. and is in danger of recidivism.

2. The term "risk of repeating a crime which is a requirement for medical treatment and custody judgment" means a case where the requester for protective detention is highly probable to block the crime again in the future in the state of mental or physical disorder, and the existence of such danger is a cause act constituting one of the risks of the requester for protective detention, and at the time of sentencing and determination of the relevant crime