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(영문) 광주지방법원 2018.09.20 2018고단2180
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant committed the following acts in a state that he has the ability to discern things or make decisions due to the detailed uncertainty of the situation:

1. On June 16, 2017, at around 20:0, the Defendant was able to see at the house of the victim C (64 taxes) located in Newananan-gun, Nanananananan-gun, thereby baring the opening of the dog (30 cm in length) and her part of the part of the dog (30 cm in length) one time as the part of the bus, and the end of this part of the C was her part of the her part, one time as the part of the body of the victim D (n,85 years old).

As a result, the Defendant carried a dangerous thing, and caused the victim C to be sprinked for about two weeks of treatment, and sustained the victim D with an injury, such as the left-hand sprink, which requires approximately eight weeks of treatment.

2. The injured Defendant, at the time and at the place specified in the above 1.1.m., took one time to drink the victim E (59 years of age) to drink, and inflicted injury on the victim, such as a son’s escape from which the number of days of treatment cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Recording notes;

1. Each injury diagnosis letter;

1. Application of each medical opinion, each written confirmation of hospitalization, and each written diagnosis (at least concerning the accused) to statutes;

1. Relevant Article of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of each special injury) of the Criminal Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (a point of injury and choice of imprisonment with prison labor);

1. Reduction of mental and physical drugs: Article 10 (2) and Article 55 (1) 3 of the Criminal Act;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (the Defendant and his/her defense counsel asserted to the effect that the Defendant was in a state of mental and physical loss due to the following: Provided, however, according to the record, it seems that the Defendant was in a state of lacking capacity to discern things or make decisions due to the above disease, but it appears that he/she was in a state of loss of capacity.

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