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(영문) 의정부지방법원 2020.12.09 2019고단4936

특수상해

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who has been working as a nursing worker in C Hospital D in the Dongbcheon City B.

From around 01:00 on August 14, 2019 to 03:00 on the same day, the Defendant considered the victim E (72 years of age, remaining) to be urine and urine in the sick room. The Defendant saw the victim’s face and head at approximately 15 times due to a string of metal materials, which are dangerous objects in the backboard of the victim’s intrusion, the victim’s face and head, and put about 8 days of treatment to the victim due to the victim’s personal attack.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each statement of E and F;

1. Application of photographic Acts and subordinate statutes, such as a copy of medical certificate of injury to E, a certificate of certificate of injury, etc.;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Circumstances unfavorable to the reasoning of sentencing under Article 62(1) of the Criminal Act: The Defendant committed the instant crime against the victim who bears the duty to protect.

The defendant suffered injury to a victim who is vulnerable to old age or disease due to dangerous things.

Victim's damage has not been recovered.

O favorable circumstances: The degree of injury of the victim is not much serious.

The victim does not want to be punished against the defendant.

O) The punishment as ordered shall be determined by comprehensively taking into account the health status of the defendant, family relations, age, character and conduct, environment, relationship with the victim, motive means of the crime, circumstances after the crime, etc., including the above unfavorable circumstances, favorable circumstances, and all the kinds of sentencing conditions shown in the arguments and records of the case.