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(영문) 부산지방법원동부지원 2020.09.16 2020고단388
상해등
Text

A defendant shall be punished by imprisonment for six 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 committed the following crimes under the status that the Defendant was unable to discern things or make decisions due to stimulative disorder, etc.:

1. Around 17:05 on Nov. 13, 2019, the Defendant suffered special injury: (a) on the three-distance street in front of Busan Shipping Daegu, Busan, the Defendant laid down a vehicle in front of the vehicle driven by the injured party C (the age of 42) while driving the Ortoba, leaving the vehicle in front of the injured party C (the age of 42) in order to get resisted from the injured party; (b) cutting off the body of the injured party’s head, which is a dangerous thing used, and cut off one time, and cut off the body of the injured party’s head; (c) the injured party’s face, face, etc., can take part in the body of the injured party; and (d) the face, etc. of the injured party continued to go

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as a scinary disorder requiring treatment for about 24 days, and a scinary injury requiring treatment for about 15 days.

2. In the date, time, place, and victim D (n, 37 years old) committed the above violence, blus, and blus, the Defendant got the victim’s cocon part of the victim.

As a result, the Defendant inflicted an injury on the victim, such as the cutting of a pelto, which requires treatment for a period of 21 days.

Summary of Evidence

1. Application of the Act and subordinate statutes to the defendant's legal statement C, each written statement of D to the investigation report (the confirmation and investigation of black records), investigation report (the victim's injury diagnosis report, etc.) (the victim's injury diagnosis report, etc

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1), 257 (1) and 257 (1) of the Criminal Act (the occupation of bodily injury and the choice of imprisonment) of the same Act;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The degree of injury was carried out as a health boar on the grounds of minor reasons for sentencing under Article 62-2 of the Criminal Act, Article 44-2(1) and Article 44-2(2) of the Medical Treatment and Custody Act, and the degree of injury.

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