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(영문) 서울중앙지방법원 2017.09.07 2017고단5239
상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who is receiving medical treatment after receiving a diagnosis of early illness, depression, etc.

On July 14, 2017, the Defendant: (a) around 12:29, Gangnam-gu, Gangnam-gu, Seoul, caused injury to the victim C (Y, 18 years old) who was waiting for the subway in front of the subway station 2 located in the subway station located in Gangnam-gu, Gangnam-gu, 396, and the 10-1 entrance and exit in front of the 396 subway station, and caused the victim C (V, 18 years old) to repeatedly “mental sick person,” thereby making it difficult for the victim to take care of the victim by hand, and let the victim take care of the face of the victim who cannot sit up on the floor only once due to the outbreak of a long cover of the 8-day therapy.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. A medical certificate;

1. Application of Acts and subordinate statutes concerning field CCTV images;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

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. The reason for sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act, and Article 62-2 of the Act on the Medical Care and Custody, Etc. is that the victim suffered serious injury due to the instant crime, and that the Defendant has been punished three times by a fine for violent crimes.

However, the punishment as ordered shall be determined by taking into account all the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, family relationship, means and results, and the circumstances after the crime, etc., where the defendant led to the crime of this case, and the victim did not want the punishment of the defendant by agreement with the victim, that the defendant was suffering from mental illness, and that the defendant was suffering from the mental illness.

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