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(영문) 대전지방법원 서산지원 2016.08.25 2016고합18

중상해

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On February 11, 2016, in a state that the defendant lacks the ability to distinguish things or make decisions due to the on-site illness, etc. of around 13:00, the defendant found two convenient cans from the farming side of the Seosan-si building following the Seosan-si building into his hand and caused danger to the life of the victim by discovering two food cans (79 years old) and without any reason, putting the victim into the floor where he was able to face part of the victim. On the other hand, the defendant continued to walk on the face part of the victim where the number of treatment days cannot be known to the victim, resulting in uncertainty.

Summary of Evidence

1. Legal statement of E;

1. Statement made by the police with regard to F;

1. 112 A list of reported cases;

1. A written opinion and a certificate of medical records;

1. Each response to a request for appraisal;

1. Each relevant photograph, one copy of the recording call at the time of reporting 112;

1. Application of Acts and subordinate statutes to report on investigation (investigation into the parts above the victim's wife, attach a statement of intent to the victim's situation, and hear statements from the victim's children);

1. Article 258 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Determination as to the assertion by the defendant and his/her defense counsel under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental and physical weakness

1. Judgment on the denial of charges

A. The main point of the argument is that the victim was deprived of the surrounding area while intending to follow the cans of the victim, and there is no reason to see the victim's face.

B. In light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the court can fully recognize the fact that the Defendant was faced with a mutually advantageous cans and the victim’s face face is walking at several times.

Therefore, the above argument by the defendant and his defense counsel cannot be accepted.

(1) A victim shall report on the extension at the edge of a farm road.