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(영문) 서울중앙지방법원 2020.03.26 2019고단6809

특수상해

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant committed the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to mental illness such as stimulative disorder, etc.

【Criminal Facts】

At around 02:50 on August 30, 2019, the Defendant: (a) at the “D convenience store” operated by the victim C (the 47-year-old) located in Seocho-gu Seoul Metropolitan Government, the Defendant: (b) at the “D convenience store; (c) the victim, without any relation, who had no relation to the victim, who was at the place of other convenience stores, was dissatisfied with usual complaints; and (d) the victim was at the convenience store with a food knife (the 34cm in total length, the knife length 21cm in the knife) which is a dangerous object carried out by the Defendant’s home; and (d) the victim knife and threatened the victim with the knife of the knife; and (d) the victim got the knife of the days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Seizure records;

1. The defendant's photograph [the defendant and his defense counsel] asserts that since the defendant was in the state of mental disorder due to mental illness at the time of committing the crime of this case, the defendant's act before and after the crime of this case, the defendant's statement contents and attitude in the investigation agency, and the degree of memory as to the crime of this case, etc. In full view of the defendant's behavior before and after the crime of this case, the defendant's behavior, the defendant's statement contents and attitude in the investigation agency, and the degree of memory as to the crime of this case, etc., it does not seem to have reached the state of mental disorder beyond mental disorder at the time of committing the crime of this case. Whether certain articles constitute "hazardous articles" under Article 258-2 (1) of the Criminal Act should be determined by whether the other party or a third party could cause harm to his life or body (see, e.g., Supreme Court Decisions 2007Do9624, Jan. 17, 2008; 2004Do176, May 14.