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(영문) 수원지방법원 성남지원 2015.10.21 2015고단1235

상해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On May 2, 2015, the Defendant damaged public goods, at the third floor counseling room of the D High School D High School located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, and Sungnam-gu, that he did not participate in the sports competition, and that he was detained in the counseling room, and that he would have impaired the utility of goods used by public offices because he was detained in the market price.

2. On the same day and at the same place, the Defendant: (a) was able to see the victim F (the age of 44), the victim F (the victim), who is a counseling teacher for D High School, for the same reasons as that of the preceding paragraph; (b) was able to see the victim’s face part of the victim’s face with hand; and (c) was able to see the victim’s face part with hand; and (d) took part of the victim’s face part with drinking, and (e) took part of the victim’

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A written diagnosis of injury;

1. Reporting on investigation (whether it is a public office or not);

1. Damage photographs;

1. The Defendant alleged that he was in a state of mental disorder at the time of committing the instant crime, and according to the records, the Defendant was found to have received medical treatment from around 2010 due to stimulative disorder, etc. However, the above circumstance alone alone is insufficient to view that the Defendant’s ability or intent to discern things at the time of committing the instant crime is weak, and thus, the Defendant’s assertion is rejected.

Application of Statutes

1. Relevant Article 141(1) of the Criminal Act (a point of damage to public goods), Article 257(1) of the Criminal Act (a point of injury) and choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decisions 201Do1114, Jan. 1, 2011>

1. Probation under Article 62-2 of the Criminal Act;