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(영문) 의정부지방법원 2018.11.14 2018고단3296
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is working as a nursing worker at C hospital located in Dongbcheon-si B.

On July 29, 2018, at around 22:45, the Defendant: (a) sustained the victim D(71) who was under care in the corridor of the first floor of the pertinent C Hospital C, without hearing the horses of the Defendant; (b) sustained the victim’s right arms by double hand; and (c) sustained the victim’s chest by cutting down the victim’s chest so far as it was unftened so long that the victim’s chests can be pushed down, thereby causing the victim’s injury to the victim, which would require approximately 12 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written diagnosis of injury;

1. The application of CCTV images (the defendant and his defense counsel asserted that the defendant only left the victim's arms and did not leave the victim's arms, but according to the CCTV images, it is recognized that the defendant was pushed the victim's arms, and therefore the above argument is not acceptable).

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, the choice of punishment for imprisonment (in light of the fact that the degree of injury is serious, not agreement, etc.);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Do134, Apr. 1, 2012);

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