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(영문) 창원지방법원 마산지원 2018.02.07 2017고단1166
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around October 26, 2017, when the defendant suffered from a mental divided disease and lacks the ability to discern things or make decisions, the defendant tried to take the victim's timber with the victim's neck (26cm in length, 15cm in length, 15cm in length) which is a dangerous object used in his/her hand, on the ground that the national flowers, which is being depthd to the chemical group at the end of the members of the Yongsan-si, Changwon-si, Busan Special Metropolitan City, was no longer able to do so, and thus, he/she was subject to restraint from the victim D (V, 58 years old) who is a neighboring resident who discovered it. In addition, the defendant tried to put the victim's timber in his/her hand, and then the victim saw him/her into his/her hands, and again, when the victim saw him/her into his/her her hand, she saw him/her about three weeks in order for the victim to take medical treatment.

Accordingly, the defendant carried a dangerous article, and inflicted an injury on the victim.

Summary of Evidence

1. Each police statement made with respect to E and D;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 258-2 and 257 (1) of the Criminal Act relating to the facts constituting an offense;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Article 62 (1) of the Criminal Act on the stay of execution (the protection of families shall be taken into account);

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act that is disadvantageous to the defendant: The risk of having inflicted an injury on the defendant by using the bags, which are dangerous objects. Circumstances favorable to the defendant are not agreed upon with the victim. They are contingent crimes due to mental illness. They include the health conditions of the defendant, the background of the crime, the degree of injury, and the fact that family members are protecting and treating the defendant.

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