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(영문) 인천지방법원 부천지원 2019.05.02 2019고단667

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the victim B(n, 74 years of age) and may know.

While the Defendant lacks the ability to discern things or make decisions due to cerebral typhism, liverion, etc., on February 28, 2019, in front of the Bupyeong-si C building on February 28, 2019, the Defendant: (a) discovered the victim who walks the place; (b) destroyed the body of the victim by cutting it over the floor without any particular reason; (c) laid down the victim’s head head by the hands behind the overcoming victim; and (d) laid down the victim’s head with the left hand.

As a result, the Defendant got two-time medical treatment to the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements in D, E, F, and B;

1. Fluorial photographs, photographs of victims, and copies and photographs of damage;

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. Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental illness and injury [The records of this case include: (a) the defendant is unable to memory the crime in an investigative agency; (b) the statement of the defendant, such as having answer to questions; (c) the statement in the court; (d) the defendant has been provided with a mental and medical treatment; (c) the defendant continuously suffers from cerebrs; (d) the defendant shows symptoms, such as livers; and (e) the defendant appears to have been suffering from livers; and (e) the defendant appears to need a medical treatment order

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 44-2 and Article 2-3 subparag. 1 of the Medical Treatment and Custody Act - The defendant's mistake is recognized.

- The defendant, without any reason, has laid the elderly women who passed over the floor, set their hairs, felling their head, and injured them. It is not good to commit the crime.

If the neighbors did not suppress the defendant, there was a possibility that the victim might suffer a greater injury.

- However, is currently suffering from the disease;