2017 Highest 683 Special Injury

A

Kim Jong-woo (prosecution) and Yellow-young (Trial)

April 28, 2017

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

Criminal History Office

【Criminal Power】

○ instant case: Violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) Decided November 26, 2015 (an injury by a group, deadly weapon, etc.)

○ Judgment: 2 years of imprisonment and 3 years of suspended execution.

○ Progress: Final Decision on December 4, 2015 / [Criminal Facts]

Around 09:30 on March 4, 2017, the Defendant told that he would leave the nursing room on the ground that the nursing attitude was unfaithd by a nurse. On the same day, at around 12:00 on the same day, the Defendant heard from a nurse the phrase “I am on the face of a patient, I am am on the face of the patient, I am am bling, and I am am scling from 00 (the age of 63). I am scling the victim, and am scling the victim.

At around 13:50 on the same day, the Defendant: (a) told the victim of the second floor of the hospital, “I am flick, I am flick; I am flick; I am flick, a dangerous object.” Accordingly, the Defendant inflicted an injury on the victim on the part of the victim, who is in need of approximately two weeks of treatment, and who is open around the snow.

Summary of Evidence

1. Defendant's legal statement;

1. A written diagnosis of injury;

Application of Statutes

1. Article applicable to criminal facts;

Articles 258-2(1) and 257(1) of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

Grounds for sentencing

4. Sentence: Imprisonment with prison labor for three years: 8 months;

○ Aggravated Causes: Reoffending (same type), planned crimes, danger, etc. during the period of probation.

○ Grounds for mitigation: Confession, the victim’s punishment is not granted, the victim’s health is not granted, etc.

Judges Laos