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(영문) 서울북부지방법원 2019.08.22 2019고단1860

특수상해

Text

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

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

Reasons

Criminal facts

The defendant is a mentally disabled person of Grade III, who suffers from efficulative flexic cerebral cerebral cerebral cerebral disease.

The defendant, due to the symptoms of the above illness, was locked at around 01:30 on May 4, 2019, and as a result, it was impossible for the group to continuously divee themselves, and the sound that he wanted to do so was locked, the defendant came out of the house by inserting two empty bottles in sports clothes.

At around 02:00 on the same day, the Defendant thought that the sound intending to her is heeped in Seongbuk-gu Seoul and “Cjuk point”, the Defendant d (27 years of age) was heeped, and her hicked to the victim, and the Defendant hicked the victim’s left head at one time as an empty disease, which is a dangerous object.

As a result, the Defendant carried dangerous objects with the lack of ability to discern things or make decisions due to mental fissionable diseases, and put about about 10 cm in length to the face of which treatment period cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (to hear victim's telephone statements);

1. Application of the provisions of the Acts and subordinate statutes to the victim's photographic photo taken by the police officer in mobilization at the scene, such as the victim's photograph, and the scene photo of the case's occurrence site (which shall be

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental illness (the record reveals that the Defendant was diagnosed by the mentally divided disease in around 2004, and was hospitalized in 16 times in total so far. In light of the medical history of the Defendant, the status of the Defendant at the time of committing the crime, the details and form of the crime, and the circumstances after committing the crime, the instant crime appears to have resulted in recovery from the above disease and the loss).

1. The Criminal Act, the suspension of execution;