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(영문) 창원지방법원 통영지원 2017.09.28 2017고단611
상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant committed the following crimes under the condition that the Defendant had been diagnosed as a man for about 10 years ago and was under medical treatment but has been suspended for more than 2 years, and that the Defendant lacks the ability to discern things or make decisions.

1. On May 4, 2017, at around 12:36, the injured Defendant: (a) reported the victim E (n.e., 17 years of age) coming from the adjacent part of the day, and without any justifiable reason, took the victim E (n.e., the victim’s left-hand son at one time; and (b) took the victim’s neck on one occasion by using the victim’s knive hand at one time; and (c) carried the victim’s knife at one time, the victim was on the part of the victim, and had approximately two weeks of treatment.

2. The Defendant damaged property at the time, place, as described in the above paragraph 1 above, and the market price owned by the victim, who was worn by the victim, was removed from the floor of the victim’s market price, which was the victim’s wear, and continued to remove the safety of the disaster from the bottom of the road.

3. The Defendant, at around 12:40 on May 4, 2017, reported the Victim F ( South, 24 years old) coming from the place described in the foregoing paragraph 1, and without any reason, reported the Victim F (North, 24 years old).

“The victim was strokeed by strokeing the face by drinking at one time and stroke by hand.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Investigation report (including access to the scene, etc. - accompanying photographs), investigation report (as to CCTV image analysis that commemorates the scene of damage), investigation report (including the contents and attachment of the victim E's diagnosis report, and the attached diagnosis report), investigation report (as to non-finding of damaged objects);

1. Attachment to CCTV - including CCTV photographs attached at the time of assault;

1. Application of Acts and subordinate statutes as a result of mental appraisal of a treatment and custody center;

1. Relevant Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act (the point of damage to property), Article 260(1) of the Criminal Act (the point of violence) and choice of imprisonment with prison labor for the crime;

1. Reduction of mental and physical weakness;

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