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(영문) 인천지방법원 부천지원 2020.01.10 2019고합281
중상해
Text

A defendant shall be punished by imprisonment for three years.

A seized one piece (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The Defendant and the victim B(the age of 64) are hospitalized in the “D Hospital” located in Bupyeong-si C, and have lived together in the “D Hospital E” of the above hospital.

On August 22, 2019, the Defendant: (a) around 21:00, at the D Hospital Ewhox, when the victim gets wheel chairs while entering the D Hospital Ewn; (b) strings the wheeler; and (c) strings the victim’s right eye, which is a dangerous object (17cm in total length, 11cm in length on the day), led the victim to the defect of the victim’s real name, such as “the ordinary commerce of the inside of the inside of the inside of the inside of the inside of the inside of the inside of the inside of the inside of the outside of the inside of the outside of the inside of the outside of the outside of the outside of the inside of the outside of the outside of the outside of the outside of the outside

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and F;

1. A written diagnosis of injury;

1. Each photograph;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 258 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. The Defendant, at the time of committing the instant crime, was in a state of mental and physical disability where the judgment and thinking ability has deteriorated due to dementia, etc.

2. The judgment of the defendant was found to have been diagnosed of Albimer Maz’s dementia and decentralization disorder and was hospitalized in a convalescent hospital at the time of the crime of this case, but the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, the defendant, upon investigation by the police after the crime of this case, stated that "the defendant was under investigation by the police for the reason that the victim was making a suit, etc. without understanding at the time of the crime of this case." The defendant was partly aware of his behavior and situation to the effect that "the defendant was under the influence of the victim while making a suit, etc. for the reason that the victim was making a suit, etc. without understanding."

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