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(영문) 서울중앙지방법원 2012.12.27 2012고단6069
상해등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On August 19, 2011, the Defendant was sentenced to imprisonment with prison labor for an injury at the Seoul Central District Court for ten months, and the enforcement of the sentence was terminated on January 15, 2012 by the female prison.

In a state where the Defendant lacks the ability to discern things or make decisions due to a certain impossibility mental disorder, the Defendant has weak capacity to discern things,

1. 2012. 11. 1. 05:50경에서 06:00경 사이 서울 중구 충무로1가 24-1 명동역 6번 출구 부근 지하도에서 회사에 출근하기 위해 걸어가던 피해자 C(여, 44세)을 발견하고 껄렁껄렁하게 걷는 것이 기분 나쁘다는 이유로 피해자의 얼굴을 주먹으로 수회 때려 입술 부위가 터지게 하는 등 치료 일수 미상의 상해를 가하였고,

2. On November 1, 2012, around 08:10, around 08:10, the victim’s face was assaulted several times as drinking on the ground that: (a) finding out the victim D (the age of 32) who was walked to work in the underground passage near the Seoul Central Post Office to work in the underground passage near the Seoul Central Post Office (hereinafter “Seoul Central Post Office”).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement about D and C;

1. Photographs of each upper part of the body;

1. Decision of the Seoul Central District Court 201 High Court Decision 878

1. Previous convictions in judgment: Application of criminal records and investigation reports (verification of the previous convictions and the last day of the execution of punishment);

1. Article 257 (1) of the Criminal Act Article 260 (1) of the same Act concerning the crimes;

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the scope of the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes: The first offence (general injury) in April to October 1, 200 increased by a number of concurrent crimes: the elements of mitigation; mental and physical disability and aggravated factors; the factors of mitigation; the factors of mitigation; the factors of mitigation; the factors of mitigation; the factors of mitigation; the factors of mitigation; the factors of mental and physical disability and aggravatedness; the factors of mitigation; the factors of mitigation; the factors of aggravation of mental and physical disability and aggravatedness (general; the recidivism) in January to 8 (general assault); the Seoul Central District Court of Justice 20

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