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(영문) 광주지방법원 2018.08.10 2017고단5579
상해
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On November 8, 2017, the Defendant was sentenced to a suspended sentence of two years for the crime of injury at the Gwangju District Court on August 8, 201, and the judgment became final and conclusive on the 16th of the same month.

[2] In the event that the Defendant lacks the ability to discern things or make decisions due to mental disorder, the Defendant, at around September 6, 2017, suffered injury to the victim, such as an unfluencing soften in the number of days of treatment, on the ground that he was not in mind at the victim C ( South and the age of 62) without any particular reason, on the ground that he was not influcing in mind at the victim C (the remaining and the age of 62) of an apartment complex of 306, 306, 300-ro, Seo-gu, Seo-gu, Gwangju, Seo-gu, Seo-gu, Gwangju, about 10 times a part of the victim's inside, and around 8 times a part of the victim's clothes due to the outbreak of the victim, from the victim walking about 8 times a number of unflucing the body of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. A medical certificate;

1. In light of the mental and physical weakness of the judgment: A copy of the judgment (Seoul District Court Decision 2012 High Court Decision 6525) and the medical certificate submitted by the Defendant, a written request for medical examination and treatment, the process and contents leading to the instant crime, the Defendant’s behavior before and after the instant crime, etc., it is recognized that the Defendant was in a state of mental and physical weakness due to mental disorder at the time of the instant crime.

1. Previous convictions in judgment: Inquiries about criminal history and the application of a copy of judgment;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act and Article 44-2 of the Medical Care, Custody, etc. Act (a defendant needs to enforce continuous medical treatment to a person with a mental disorder and has the risk of recommitting a crime) for the observation and treatment order;

The reason for sentencing is that the injured party does not want to be punished against the accused by agreement with the injured party, and the birth of the accused will look at the accused.

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