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(영문) 수원지방법원 2017.08.24 2016고단4997
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant became aware of the victim E (28) who was receiving treatment at the same hospital while being hospitalized at hospital D in Suwon-si C.

On January 2, 2016, at around 17:00, the Defendant collected the face of the victim due to the problem of exchanging the victim with tobacco and mobilephones from the fifth floor of the above hospital. On the other hand, the Defendant collected the chair, which is a dangerous object in the above area, and got the victim away from the victim, and got the victim to fit the victim’s left hand, thereby preventing the victim from taking approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to photographs of victims;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Although the Defendant was sentenced to a fine of KRW 700,000 for the crime of assault in 2011 under Article 62(1) of the suspended execution of the Criminal Act, the Defendant again committed the instant crime. There was a significant consequence, such as: (a) the Defendant was a person who is a dangerous object, and the victim’s fingers away.

The defendant does not seem to have sought sufficient statements from the victim, has not recovered from damage, and the victim is punished by the defendant.

However, the victim's injury does not occur directly on the part of the defendant's injury, but is not actively intended by the defendant's intent to inflict serious injury, it seems that the victim's injury was caused by the mistake of preventing the victim's own will.

The Defendant appears to have been in a state of mental health such as receiving hospitalized treatment due to mental illness for a considerable period, even though it was not in a state of mental disorder, and the instant crime also occurred during hospitalization.

There is no criminal record exceeding the fine prior to the crime of this case.

The victim sustained the injury of this case.

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