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(영문) 광주지방법원 2020.08.26 2020고단2952

상해

Text

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

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant and the victim B(the age of 65) are those hospitalized in C Hospital.

On May 17, 2020, the Defendant: (a) around 21:44, at the second floor of the 2nd floor of the C Hospital in Mayang-gun, 12 times a drinking to the right side of the victim, 2 times a drinking to the right side, 2 times a drinking to both side drinking, knee to the right side, and knee to the left side, respectively; (b) on one occasion, the Defendant sustained the victim’s chest side to the right side of the smoking room, and caused on one occasion a injury to the victim, which requires about 4 weeks of treatment by the victim to the right side of the breast side of the victim, by saving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. An emergency center records book;

1. Application of Acts and subordinate statutes on the place of re-record;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. The defendant's assertion under Article 62 (1) of the Criminal Act and the judgment on this issue shall be asserted to the effect that the defendant was in a state of mental disorder at the time of committing the crime of this autopsy.

According to the records, although it is acknowledged that the defendant was hospitalized due to his detailed unknown injury, etc., the defendant seems to have been accurately aware of the defendant's act at the time of committing the crime of this case in light of his attitude and content. In light of various circumstances, such as the background of the crime of this case, the circumstances after the crime of this case, etc., the defendant did not have the ability to discern things or make decisions at the time of committing the crime of this case.

Reasons for sentencing

1. Scope of punishment by law: One month to seven years;

2. The scope of recommendation [decision of type] according to the sentencing guidelines and the general injury [Class 1] general injury (special person for appearance] - mitigated factors: Reduction factors: Reduction factors - Reduction factors: cruel methods of crime (the scope of recommendation area and recommendation range).