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(영문) 수원지방법원 2018.08.23 2018고단2891

상해

Text

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

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

Reasons

Punishment of the crime

Since January 13, 2009, the Defendant is hospitalized in the “D Mental Health Center(D Mental Health Center)” located in Osan-si C, Osan-si.

At around 10:00 on April 14, 2018, the Defendant thought that the nursing assistant in the “D Mental Health Center office” office of the above “D Mental Health Center” had expressed a desire to the Defendant during the process of allocating an awareness to the patient under the care of the victim E (62 years) in the instant hospital. On the face of the victim’s face, the Defendant suffered an injury to the victim, such as the left-hand bar, etc. requiring approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint filed by E;

1. Each investigation report (the F counterpart telephone conversations between a witness's doctor and telephone conversations, investigation into a suspect's status, and hearing statements from a victim);

1. A certificate of hospitalization and a medical certificate;

1. Application of Acts and subordinate statutes, such as a medical certificate of injury (E), and a medical certificate (E);

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (the following conditions favorable to the defendant among the reasons for sentencing) / [the scope of recommendation] general injury (6-2 years) in the aggravated area (6-2 years), [the person subject to special mitigation] / (the person subject to special aggravation] / the person subject to special aggravation] / the scope of sentence comparison between the applicable sentences and the recommended sentences: six months to two years [the sentence] disadvantageous to the defendant: the victim was injured; the victim was injured; the victim was not compensated; the victim was not compensated. Three times before and after the suspended sentence of punishment. The normal circumstances favorable to the defendant were included three times. The defendant was found to have committed contingent crimes that were committed in the state of mental and physical weakness due to early 2008, and there were no other factors provided for in Article 51 of the Criminal Act on the records of crimes between about ten years and then.