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(영문) 수원지방법원 안양지원 2013.11.08 2013고단1144

상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant committed the following crimes under the lack of ability to make decisions due to mental division:

On September 13:48, 2013, the Defendant, while getting on and off the elevator from the 20th floor in which he resides, and the victim D (7 years of age) residing in the 19th floor was released from the above elevator, the Defendant inflicted injury on the victim by drinking the face of the victim on the ground that the victim was presumed to have been shotd about 19 years of age. On September 12, 2013, the Defendant, on the ground that the victim was shot about 19 years of age, was shot, was able to take the body of the victim on the hand and walking the body of the victim on about 3 weeks of age, caused the victim to suffer injury, such as a cerebral salky, in detail, without any open body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police about D;

1. A medical certificate;

1. Mental health and physical disability: Application of Acts and subordinate statutes, such as a medical certificate of preparation of a doctor E, an investigation report (a medical certificate and a currency);

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

1. The reason for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental and physical illness is recognized as having led to the instant crime, but it is inevitable to strictly punish the Defendant due to extremely poor circumstances after the crime, such as the nature of the crime and the circumstance after the crime, even though it is recognized that it was caused to the instant crime under a state of mental and physical disability.

Therefore, the punishment is determined as ordered.