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(영문) 춘천지방법원 속초지원 2017.01.13 2016고단253
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

The defendant is in Grade III mental disorders, the relationship between the victim C ( South, 61 years of age) and the married couple, the first branch office in the Chuncheon District Public Prosecutor's Office has no right to institute prosecution against the above victim on April 7, 2015, the transfer of home protection cases to the same public prosecutor's office on June 7, 2016, and the same disposition on August 22, 2016 is a person who has been under the same suspicion of special intimidation at the same public prosecutor's office.

On August 24, 2016, the Defendant: (a) committed assault on around 5-6 occasions at the victim’s head, etc. who was living room located at Sincho-si, Sincho-si, at the defendant’s house located in D, for a long time, with the victim’s head, etc., who was in danger of being exposed to the victim’s emotionally in a state where he was not adequate for appraisal of the victim due to the original network and fake evidence, and used the victim’s head, etc., who was in a living room at the beginning of Sincho-si, 2016, by using a stick (82 m in length) of plastic material, which was dangerous to the victim.

As a result, the defendant carried a dangerous stick, and carried a dangerous article, carried a two-time medical treatment for the victim for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement prepared in C (simplified violence);

1. A report on investigation (Attachment of a medical certificate);

1. Investigation reports (attached documents, such as certificates of persons with disabilities);

1. A report on investigation (Attachment of on-site photographs), investigation report (Attachment of a photograph of a stick);

1. Application of Acts and subordinate statutes to a report on investigation (a photograph of the victim's body);

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

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, Article 44-2(1), (2), (3) main sentence, and Article 2-3 subparag. 1 of the Medical Care and Custody Act are primary offenders, and the victim, who is the husband, also is not punished against the defendant, are favorable circumstances or the defendant suffers from mental illness.

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