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(영문) 인천지방법원 부천지원 2017.08.11 2017고정513

상해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a patient hospitalized with mental capacity in D hospital such as victim C(34, South).

At around 20:40 on March 9, 2017, the Defendant assaulted the victim's face six times in drinking in a hospital E, D Hospital 303, without any justifiable reason, and led the victim to tearing off to the right side of the front part of the victim's face, and caused the victim to 14 days of treatment.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (related to a report on injury to a victim), a report on investigation (Attachment toCCTV), and a report on investigation (Attachment to a victim photograph);

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act does not mean that the degree of injury of the instant case is less severe, and can have the record of being punished for the same kind of crime. However, in light of the fact that the Defendant committed the instant crime in the mental and physical state due to mental disorder and agreed with the victim, the punishment shall be determined as ordered by taking into account the following factors: