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(영문) 인천지방법원 2018.02.08 2017고단6502

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant had weak ability to discern things or make decisions due to the symptoms of dementia caused by alcohol addiction.

On September 1, 2017, the Defendant: (a) around 17:35 on September 1, 2017, at the Jung-gu Incheon Jung-gu, Jung-gu, Incheon, which was a dangerous object before the 64 Suhyup Bank without any justifiable reason, carried the parts of the victim C (67)'s right blue part of the victim C (67) with approximately 12-13 cm of the number of treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Copies of a written request for emergency hospitalization;

1. A report on psychological evaluation and a medical certificate;

1. Application of each statute on photographs;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care, Custody, etc. Act (the defendant has been repeatedly hospitalized since 2013 due to alcohol problem, and the possibility of repeating a crime is high due to several criminal records of the same kind after the outbreak of symptoms, the necessity of medical treatment is recognized in light of the present state of the defendant who appeared in the medical examination and the result of psychological evaluation, and the defendant's children have continued to receive medical treatment, so it is deemed appropriate to receive medical treatment, and the medical treatment order is imposed together with the protective observation and the protective order) was not agreed upon with the victim, and the same criminal record was several criminal records of the same kind. However, as seen above, it is recognized that the defendant was a criminal act under the physical and mental weakness, and the defendant is contrary to the degree of damage.

In addition, the same type as the order shall be determined in consideration of the age, sex, family environment, etc. of the defendant.