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(영문) 울산지방법원 2017.09.22 2017고단175

상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the above sentence shall be executed for a period of one year and six months from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant had weak ability to discern things or make decisions due to editing illness with the disabled in the third degree of mental disorder.

On November 4, 2016, at around 14:04, the Defendant: (a) committed assault against the victim D (n, 70) located in Ulsan Jung-gu, Ulsan-gu; (b) caused the Defendant’s remaining living together with the Defendant to exercise the right of indemnity against the medical expenses of the victim by exercising the right of indemnity from the Medical Insurance Corporation; (c) caused the Defendant to face a dispute with the victim; (d) caused the victim by drinking the victim’s chest and head by drinking; (e) caused the victim’s hair and head by drinking the victim’s hair, and (e) caused the Defendant’s injury, such as cutting the catus of the 28-day catus, which requires medical treatment.

Summary of Evidence

1. Legal statement of the witness D;

1. Some statements made against the defendant during the police interrogation protocol;

1. A report on the occurrence of a crime and a photograph by cutting off on-site CCTVs;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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 (1) and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness (the Defendant had shown abnormal signs, such as depression, and direction to a reformatory from around 1996) of the Criminal Act (the Defendant repeated hospitalization and discharge to a mental health department from around 1996, and registered as a disabled person on March 13, 200; on September 3, 2013, at the G mental health department, the Defendant provided the Defendant with an unidentified medical care; the Defendant was hospitalized in the hospital’s mental health department at the time of mental division training, symptoms, voice symptoms, etc. from January 18, 2016 to March 9, 2016; the Defendant was given medical treatment by hospital’s mental health department at the time of hospital’s mental health clinic’s mental health department at the same time; and the Defendant was given medical treatment to the extent of confusion between the hospital and the hospital’s mental health clinic and the hospital’s mental health clinic’s mental health clinic at large.