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(영문) 대전지방법원 공주지원 2016.09.30 2016고단198

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 26, 2016, the Defendant: (a) around 04:10, at C, D Hospital 206 heading rooms, and (b) at C, D Hospital 206 heading, on the ground that the victim E (the age of 87) hospitalized in the same sick room due to dementia symptoms refused the proposal; (c) closed the entrance of the sick room; (d) opened the entrance so that the inside of the sick room can not be seen, and opened the entrance so that the entrance can not be seen from the outside; and (d) placed the face, etc. on the part of the victim who was divingd on several occasions; (e) the victim was walking at the time of the victim’s face, body, etc. with the defect continuously and hand; and (e) caused the victim’s injury, such as the 1st heading of the mi, other than the 2nd 1st cage that requires approximately four weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, H, I, J, and K;

1. Each investigation report, copy of a medical record, medical certificate, copy of medical record, medical history room, nursing service worker, nursing car, nursing request, medical treatment request, opinion of doctor, and opinion of doctor;

1. Application of two Acts and subordinate statutes to photographs (victims), CCTV photographs, and CCTV-recording CDs;

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

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general injury [the scope of recommendation] and mitigation area (two months to one year] [the person with special mitigation] mental and physical weakness (no person responsible for himself/herself] / [decision of sentence] the degree of injury inflicted on the victim due to the instant crime, and the victim’s failure to recover from damage, thereby choosing imprisonment.

However, considering the fact that the defendant is led to confession and reflect, and that the defendant seems to have committed the crime under the mental and physical weakness.

In this context, the defendant's age, sex, health, home environment, background of the crime, and circumstances after the crime are considered, and the punishment is determined as ordered.