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

Punishment of the crime

[Criminal Power] On September 29, 2011, the Defendant was sentenced to six years of imprisonment for rape injury by the Incheon District Court on September 29, 201, and completed the execution of the sentence on August 13, 2017.

【Criminal Facts】

The defendant is a person who is hospitalized in C Hospital in Kimpo-si B.

At around 12:00 on June 26, 2019, the Defendant: (a) under the influence of having the ability to discern things or make decisions due to “a serious disorder in conduct that requires caution or treatment,” and (b) under the control of the victim E (the age of 57) who was in the process of returning back to the hospital, brought the fright while going to go against D who was hospitalized in the hospital; and (c) brought about the fright to go back to the floor; and (d) took part of the chest part of the victim’s chest part that was used to go beyond the floor by taking care of about 43 days for 43 days, the Defendant inflicted injury on the victim.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a photograph of damage to the victim E), flood accident reports (Attachment of a written diagnosis of injury to the victim), investigation reports (Attachment of a written confirmation of hospitalization of the relevant persons);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 10 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. According to the sentencing investigation report, according to the scope of recommendation [the decision of type] according to the sentencing guidelines and the general injury [the first type] general injury [the person who is a special person] mitigation element: mental disability (no one is responsible for him) and the sentencing investigation report (including a serious effort to recover damage) it is acknowledged that the victim repeatedly stated the court investigator that "the accused is a young person who is willing to be sworn," and that he/she is not punished for the accused.