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(영문) 수원지방법원 2019.06.13 2019고단1418

상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant had a weak ability to discern things or make decisions due to a man's illness.

1. On February 18, 2019, the Defendant: (a) around 12:06, on February 18, 2019, 2019, she inflicted an injury on the Defendant, following the victim C (FF) who walked along the way, without any justifiable reason, at one time after drinking from the victim C (FF, 70 years of age) to take the back of the victim’s body, she takes over the victim’s hand, and then plucked up the victim’s hand, thereby having no more than three weeks of treatment; and (b) caused the victim to inflict an injury on the victim, such as a sugar, which is open for about three weeks of treatment.

2. On February 20, 2019, the Defendant committed the crime, around 15:11 on February 20, 2019, committed assaulting the victim on the ground that the victim F, the assistant nurse of the above hospital, (or the age of 51) was in injection to correct the Defendant at the time of being hospitalized as an emergency patient due to the crime under paragraph (1) around February 18, 2019.

When the Defendant was waiting for the victim from the sick room outside of the sick room, the Defendant completed the meeting of the victim at around 15:35 on the same day, and used the victim's face one time to take the right side of the victim's face from the sick room, followed by drinking in one time, followed up about 8 times the victim's hair and shoulder part by drinking about 57 days, and sustained the victim's injury, such as inside the inside of the right side where the victim's hair and shoulder part of the victim's hair were necessary for treatment for about 57 days.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement of C, F, and G;

1. Application of the Acts and subordinate statutes to photograph by taking each diagnosis letter and CCTV image images;

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

1. Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental illness and injury (as a result of the record, it is recognized that the defendant, at the time of committing the instant crime, was in a weak state with the ability or decision-making ability to discern things due to his or her own illness)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act: