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(영문) 인천지방법원 부천지원 2018.05.17 2017고단1168
상해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant committed the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to editing illness, etc.

1. On May 1, 2017, the Defendant injured the victim B at around 10:0, 2017, at the front side of the Da-si apartment complex D, Seocheon-si, D, without any justifiable reason, opened the victim B (the victim B (the victim B) who passed the 80 years old), and opened the face of the victim at around 2 weeks when taking the victim’s face into drinking.

2. On May 2, 2017, the Defendant injured the victim E at around 14:45, and around 14:45, the following side of the non-cheon-si Seoul apartment house D, as described in paragraph 1, inflicted an injury on the husband B of the victim E (the 73 years old), but was arrested, and the victim’s breath was floated, and the victim’s chest was floated, and the victim’s chest was floated, and the victim’s chest was floated, which requires approximately two weeks of treatment.

[The defendant alleged that he was at the time of robots other than a person, but according to the evidence duly adopted and examined by this court, the defendant's injury is recognized.

Defendant

In addition, the defense counsel had a mental and physical loss of the defendant due to editing illness.

However, as acknowledged earlier, it is recognized that the defendant was in a state of mental and physical weakness, but was in a state of mental and physical loss in light of various circumstances, such as the defendant's words and behavior before and after the crime.

[No. 3]

Summary of Evidence

1. Partial statement of the defendant;

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

1. Application of Acts and subordinate statutes of an injury diagnostic certificate and diagnostic certificate;

1. Article 257 (1) of the Criminal Act and the choice of punishment for the crime, Articles 257 (1) of the Criminal Act and the choice of imprisonment;

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 10(2) and Article 55(1)6 of the Criminal Act for the mitigation of mental and physical weakness (a) (a claim that does not coincide with the Defendant’s objection, and a case where forced hospitalized treatment is being conducted due to editing soldiers, circumstances after committing the crime, etc.

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