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(영문) 대전지방법원 공주지원 2015.11.06 2015고단303
상해
Text

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

Reasons

Punishment of the crime

On June 10, 2015, the Defendant was sentenced to imprisonment for one year, two years of suspended execution, and medical treatment and custody on the part of the Busan High Court on the part of the defendant, which became final and conclusive on June 18, 2015, and is still under confinement of the Medical Treatment and Custody Office.

Around July 18, 2015, the Defendant: (a) was under the influence of distinguishing things from things or lacking the ability to make decisions due to an on-site illness; (b) was at the public medical treatment and detention center Cick Zone Cicking around 253, 19:0 on July 18, 2015, where the Defendant came back from the victim D (the victim 40 years of age) who is the inmate of the medical treatment and custody center, and went out from the victim, and caused the victim to suffer injury, such as a flasing the body face of the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A copy of a written request for D hospitalization or D treatment set;

1. Copies of the current status of protective measures A;

1. Application of Acts and subordinate statutes to criminal investigation reports;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Reasons for sentencing under Articles 10 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Application of the standard for sentencing [the range of recommending punishment] general injury, category 1 (General Injury), mitigation area (two months to one year) (special mitigation person], and the scope of comparative sentencing comparison between the applicable sentencing range and the recommended sentencing range: Imprisonment of two months to one year; and

2. Determination of sentence - The Defendant, three months of imprisonment, was under medical treatment and custody, and, within the facility of medical treatment and custody, was under minor injury to the victim.

Furthermore, although the defendant was reconciliationd with the victim, the victim does not seem to have reached an extent that the victim does not want punishment against the defendant.

Therefore, the sentence of imprisonment for the defendant is inevitable.

The above circumstances and the defendant were led to confession, and the crime of this case was in a state of mental disability due to mental fission.

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