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(영문) 대구지방법원 2018.02.23 2016고합506

상해등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 16:40 on June 18, 2016, had weak ability to discern things or make decisions due to mental illness, such as mental disorder such as the constant failure of the sentence of a man-made disease. On the other hand, the Defendant, at around 16:40 on June 18, 2016, caused the victim’s loss to the right side of the victim D (7 years and women) on one occasion without any particular reason, damaged the victim’s scam in the head part requiring approximately 2 weeks of treatment.

The Defendant, “2017 Many 88,” in the state of lacking the ability to discern things or make decisions due to mental illness, such as a mental disorder such as the current state of mental disorder, committed assault at once again at one time by the victim’s breath of the F office located in Nam-gu, Nam-gu, Daegu, on February 27, 2016, on the ground that the victim G (25 years of age) reported himself/herself on his/her hand on the ground that he/she would be bad, and that he/she would be out of the above office, and that he/she would not take over himself/herself from the victim who intends to transfer him/herself to the police officer.

Summary of Evidence

" 2016 Gohap 506"

1. Partial statement of the defendant;

1. Each police statement made with H and D;

1. Each investigation report (the sequence 4, 6, 11 of the evidence list);

1. "General medical certificate 2017 Gohap 88;

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to report internal investigation (a CCTV analysis submitted by victim G);

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of harm, the choice of imprisonment), and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment) concerning the crime;

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

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the extent that the sum of the long-term punishments of the above two crimes, which are prescribed for the heavier punishment, shall be aggravated);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Subparagraph 1 of Article 2-3 and Articles 44-2 (1) and (2) of the Act on the Observation, Treatment, Care, etc. of Medical Treatment, Protection, Etc.