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(영문) 인천지방법원 부천지원 2018.10.19 2018고합160
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

A person who applies for a medical care and custody shall be punished.

Reasons

Criminal facts

The facts constituting the cause of the medical care and custody [criminal facts] The defendant and the person who filed for the medical care and custody (hereinafter referred to as the "defendant") are not aware of the victim B (n, 54 years of age).

While the Defendant lacks the ability to discern things or make decisions due to Chocheon-si, the Defendant Dao-si was a victim who had talked with him while walking in the front of Seocheon-si on July 5, 2018 at around 20:07 on July 5, 2018.

After saying “A victim’s face is taken several times by drinking, without any reason, and the victim suffered bodily injury, such as an inner part, where treatment between about 14 days is required.”

Accordingly, the defendant injured the victim.

[Judgment of the court below] Defendant 1 committed a crime subject to imprisonment without prison labor or heavier punishment as above. Defendant 1 committed a crime subject to imprisonment without prison labor or heavier punishment, and Defendant 2 was physically and mentally disabled with the physical and mental weakness whose capacity to discern things and decision-making ability has been deteriorated due to the damage from the current situation at the time of committing the crime, and thus, Defendant 2 needs to receive treatment at the treatment and custody

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. Written statements of D;

1. Each injury diagnosis letter;

1. The photograph of the damaged photograph, the victim's body photograph, and the CCTV upon the scene of the crime [the defendant and his defense counsel shall use force against the victim, but the defendant and his defense counsel shall not use force against the victim several times as shown in the facts charged in this case. However, in full view of the part and degree of the victim's injury suffered in a specific and consistent statement about the damaged situation of the victim and witness D, the defendant may sufficiently recognize the fact that he inflicted an injury by assaulting several times as shown in the facts charged in this case, so the defendant and his defense counsel shall not be accepted

1. The need for treatment as indicated in the judgment and the risk of recidivism: Each of the above evidences, diagnosis certificates, mental appraisal certificates, etc. may be identified;

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