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(영문) 인천지방법원 2018.04.25 2018고단1079
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On October 8, 2017, at D Hospital No. 325 located in Nam-gu Incheon Metropolitan City, around 09:00, the Defendant: (a) reported the victim E (V, 56 years of age) working in the above hospital; (b) laid down the victim’s head part to the victim’s body; (c) made the victim’s face, chest, and urine to the victim’s head part to the victim’s body; and (d) made the victim’s face, chest, and urry part to the victim’s body, when the victim was able to take part in water at the hospital D Hospital No. 325, working in the above hospital, and did not take part in water at the victim’s request.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on internal investigation (the relative investigation of a shote);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the sentence as ordered shall be determined by comprehensively taking into account the following circumstances: Defendant’s age, sex, environment, motive and circumstance of the instant crime, means and method of the instant crime, and circumstances after the instant crime was committed, and the conditions of sentencing as shown in the trial process.

The crime of this case at a disadvantage: The defendant committed the crime of this case in the sick room without any special reason and caused the victim to lose his mind, and in light of its circumstances and contents, etc., it is serious that the defendant committed the crime of this case. On October 17, 2014, the defendant was sentenced to imprisonment with prison labor for 6 months by the Incheon District Court for obstruction of the performance of official duties and was sentenced to a suspended sentence of 2 years by the Incheon District Court, and was punished for violent crimes: The defendant recognized the crime of this case and reflects his mistake; the victim did not want criminal punishment against the defendant by agreement with the victim; the defendant was able to commit the crime of this case.

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