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(영문) 인천지방법원 2015.11.26 2015고단5683
상해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has weak ability to discern things or make decisions due to intellectual disorder and is taking a walk-out movement in the Bupyeong-gu Incheon Metropolitan City C neighboring Park, and the victim D(63 years old) is a person who gets out of the same park.

On August 6, 2015, at the above park around 17:55 on August 6, 2015, the Defendant: (a) took care of the victim who was on the outside bicycle on the ground that the victim had a horse that could interfere with the boarding of the external bicycle; (b) brought the victim a wound on the ground that he/she was going to go to the outside bicycle; and (c) inflicted an injury on the victim, such as cutting the pelle of the inner wall that requires treatment for about 28 days on the face of the victim on his/her own drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the favorable circumstances among the reasons for sentencing] for the suspended sentence (the decision of a sentence) of the Act on the Suspension of Execution [the general person in general] types 1 (the person in special form] [the person in special form] of injury, mental or physical disability (no person in the principal's responsibility] / [the scope of the recommendation field] 2-1 (the person in general form] - reflects against whom the mitigation element is serious [the scope of the punishment in general form] applicable to the applicable provisions: one to seven years (the decision of a sentence] 4 months of imprisonment and one year of suspended sentence;

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