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(영문) 부산지방법원 동부지원 2018.02.08 2016고단2518
특수상해등
Text

A defendant shall be punished by imprisonment for not less than eight 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, “2016 Highest 2518,” is a patient hospitalized in the “D Mental Department” located in Busan Shipping Daegu C, and the victim E (52 tax) is a patient hospitalized in the same hospital 802.

On December 4, 2016, at around 08:15, the Defendant: (a) 802, the victim was hospitalized with the victim on the day before the instant case, she saw the brick, which is a dangerous object in the state of influence with the victim on the day before the instant case; and (b) found the victim’s right head part of the victim’s right part of the victim who was in the bottled in the sick room one time and caused approximately 7cm to the head part of the right part where the victim’s number of days of treatment cannot be known.

In this respect, the defendant carried dangerous objects and carried them two strings to the victim.

On May 26, 2017, the Defendant: (a) around 17:55 on May 26, 2017, the Defendant collected money from the victim G in front of the “H restaurant” operated by the victim G, a relative in Suwon-gu, Busan, and (b) caused the damage to the victim; (c) on the ground that the victim returned home to the close door of the door and returned home, 2 o’t (20cm in length), which is a dangerous object on the outside of the restaurant, was placed in the glass of the restaurant in the city and caused its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Application of Acts and subordinate statutes to a criminal investigation report (inform and verification of the degree of injury to victim E), investigation report (in cases of attaching records, etc. of early departure from the I hospital, etc.), investigation report (in cases of dispatch to the scene, photographs of damage, payment of fines, etc.);

1. Relevant provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing).

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

1. The defendant is led to the confession of the reasons for sentencing in Article 62-2 of the Criminal Act.

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