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(영문) 수원지방법원 성남지원 2014.09.26 2011고단1147
상해
Text

A defendant shall be punished by imprisonment for six 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

On May 21, 2011, the Defendant: (a) around 01:45, the Defendant laid down plastic water from the floor to the bottom and slicked it with the weak ability to discern things or make decisions due to mental fission in front of the house entrance of the victim D located in Seongbuk-gu, Seongbuk-si, Sungnam-si, and caused the victim to cut off and slick down plastic water to the bottom of the victim, and (b) the victim said that “I am end before the south's house and move down at other places.” (c) When the victim’s head was taken back, the victim sleeps the victim’s face and body, and the victim sleeped the victim’s body by drinking water, and the victim slicked the victim’s face and body by drinking water, and caused the victim’s injury, such as double bucking, requiring four weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol against the defendant or D;

1. Application of Acts and subordinate statutes on diagnostic certificates and damaged photographs;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act is not that of injury to a victim for the reason of sentencing under Article 62(1) of the suspended sentence, in consideration of the fact that the defendant paid money to the victim, without any previous criminal records, the defendant is a primary offender with no previous criminal records, whose health is not good due to mental fission, and that he was detained in the instant case

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