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(영문) 광주지방법원 2017.10.31 2016고단4591
상해등
Text

A defendant shall be punished by imprisonment for four 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 was in a state of weak ability to discern things or make decisions due to mental illness such as bipolartic disorder and existing mixed type.

1. On September 24, 2016, the injured Defendant suffered injury, such as disturbance of electric power-driven function requiring approximately two weeks of medical treatment, on the ground that the injured Defendant was found to be well in the victim C (V, 47 years of age) in the two cancer comprehensive community welfare center located within the 72 cancer main apartment complex in Gwangju North-gu, Gwangju-gu, Seoul, and on the ground that he was well infused, the injured Defendant suffered injury, such as disorder of electric power-driven function requiring approximately two weeks of medical treatment.

2. Around the time and time set forth in paragraph 1, the Defendant damaged the said car to be milched with Dworkstren car with the driver’s seat in front of the two cancers general social welfare center, which the victim parked, behind the string, and the string of the front strings, with the string of the strings, and the strings of the driver’s seat and the strings of the strings of the strings and the strings of the strings of the strings.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on internal investigation (attached to a medical certificate or written estimate);

1. Medical certificate (C);

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing criteria;

A. 1 Crimes No. 1 Crimes (Assaults) No. 1 (Assaults) [the scope of recommending punishment] General In the mitigated area (two months to one year) [the person subject to special mitigation] (including efforts made to recover damage) or where considerable damage has been recovered, two Crimes (damage) [the scope of recommending punishment] general criteria, and the mitigated area (one month to six months) [the person subject to special mitigation] mitigated area (including efforts made to recover damage) [the person subject to special mitigation] who is not subject to punishment (including damage of property, etc.] or equivalent.

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