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(영문) 창원지방법원 2019.05.31 2019고단278
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

[criminal power] On June 8, 2018, the Defendant was sentenced to 10 months of imprisonment with prison labor for night buildings, intrusions, larceny, etc. at the Changwon District Court, and completed the execution of the sentence at a detention house on January 16, 2019.

The defendant committed the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to mental illness such as stimulative disorder, etc.

【Criminal Facts】

1. On February 4, 2019: (a) around 22:25, the injured Defendant asked the victim D (LL) who was leaving a place on the street in front of the settlement of charges for outdoor parking lots in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu; and (b) asked the victim D (LL) to speak, “Ign is not allowed to purchase it;” (c) the said victim made the victim mistake by mistake; (d) the victim took the head debt of the above victim; (e) made the above victim go beyond the floor; and (e) sought to take the face of the above victim, the above victim inflicted an injury on the base and the tension of the 14 days left part of the blue-gu, the left part of which requires medical treatment for about 14 days.

2. On January 27, 2019, the Defendant entering a building: (a) the Defendant was out of the police station who was dispatched after receiving a report from the said victim, while entering the G operated by the Victim FF in Seongbuk-gu, Changwon-si; (b) the Defendant remains without using the facilities promptly; and (c) the Defendant was out of the police station.

Nevertheless, on February 5, 2019, the Defendant opened the entrance door of the above rapid bank, which was not corrected for the purpose of diving and rest at around 19:18, and opened between around that time to 21:35 of the same day, the Defendant intruded on the structures under the control of the said victim, such as holding the strings and the strings of the strings, leaving the strings, and lying on the strings.

Summary of Evidence

1. Legal statement of witness D and F;

1. Investigation report (to hear statements, etc. from the victim F party to telephone), list of 112 reported cases, and CCTV images;

1. A written diagnosis of injury;

1. A criminal investigation report (attached a written opinion);

1. Previous convictions in judgment: The application of Acts and subordinate statutes to criminal records, written judgments and search results of prisoners;

1. Relevant provisions concerning facts constituting an offense;

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