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(영문) 광주지방법원 순천지원 2018.06.27 2017고단613
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 13:30 on March 16, 2017, the Defendant: (a) talked about the victim E (31) who is an employee in charge of Samsung Fire Compensation and traffic accident compensation within the “gold Doll,” and (b) heard that the amount of compensation determined by the damaged person may be less than anticipated; (c) 2 times the victim’s face by hand; (d) knee kne kne kne kne kne kne kne kne kne kne kne kne kne kn the victim’s face; and (e) kne kne kne kne kne kne kne kne kne kne kne kne kn

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Investigation report (F and currency of a witness);

1. Each written diagnosis;

1. Application of each statute on photographs;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2(1) and the main text of Article 62-2(2) of the Criminal Act for the observation of protection and observation [the mental disorder prescribed in Article 10 of the Criminal Act is a biological element, and it is necessary to say that the mental disorder, such as mental disorder or abnormal mental condition, lacks or has reduced the ability to discern things and to control the act accordingly due to such mental disorder. Thus, even if a person with mental disability is a person with normal mental disorder at the time of committing the crime, it shall not be deemed a mental disorder if he/she had the ability to discern things or control the act (see, e.g., Supreme Court Decision 2006Do790, Feb. 8, 2007). According to the records, it is recognized that the defendant suffers from mental disorder, such as brain disease, brain damage, and cerebral disorder, etc.

However, the Defendant lacks the ability to discern things or make decisions due to mental disorders at the time of committing the instant crime, taking full account of the background, means and methods of the instant crime, the details of the crime, and the Defendant’s act before and after the instant crime.

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