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(영문) 창원지방법원 통영지원 2013.09.12 2013고단476

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

From May 1, 2012 to April 17, 2013, the Defendant was forced to discharge from hospital due to alcohol alcohol, etc. while receiving hospitalized treatment at D Hospital located in C with alcohol addiction.

1. On June 9, 2013, around 17:35, the Defendant, who interfered with the business, caused a defect in the victim E, who was the nursing guardian of the above hospital, to be forced to be hospitalized again at the first floor of the above D Hospital, even though the Defendant demanded the above D Hospital to re-hospitalize the hospital, the victim E, who was forced to leave the hospital, was unable to re-hospitalize the hospital.

Thus, from around 19:35 on the same day, the Defendant was able to avoid disturbance, such as taking a bath to “new, Chewing,” and lying on the floor, on the floor, to the employees of the hospital, who are victims of the above hospital, in front of the first floor and the fifth floor nurse room, working in the above hospital for about two hours.

Accordingly, the defendant interfered with the management of the hospital of victims by force.

2. On June 9, 2013, around 19:30 on June 19, 2013, the Defendant suffered injury: (a) around the first floor of the instant D Hospital; (b) around the victim E (40) left the Defendant’s happiness; (c) turned the victim’s sexual organ into the left hand; and (d) at the right blus of the victim’s right blus, when the victim’s right chest part was turned into one time.

As a result, the defendant put up the victim at the right lupbage, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to a criminal investigation report (as to attachment of a victim's diagnosis report);

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 314 (1) of the Criminal Act (the point of obstruction of business) and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the defendant and his/her defense counsel's assertion against the defendant and his/her defense counsel under the former part of Article 37, Article 38 (1) 2, Article 50 of the Criminal Act are asserted that the defendant had a state of mental disability under the influence of alcohol at the time of each of the crimes

In contrast, the means and methods of the above crime as shown in the record, and the act of the defendant before and after the crime.