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(영문) 수원지방법원 2017.11.23 2017고단4525
상해
Text

A defendant shall be punished by imprisonment for six 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

In a state where the Defendant lacks the ability to discern things or make decisions due to her on-site illness, on June 6, 2017, the Defendant: (a) placed the victim C (18 years old) at the front of the plaza south of the Suwon-si Station located in 924, as it was in accordance with the Supuk-gu, Suwon-si, Suwon-si, on the ground that the victim C (18 years old) who passed the place would block the front of the Defendant, would have the face and body of the victim for about 14 days on the ground that the victim C (18 years old) would stop the front of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on investigation;

1. The victim's photo on the day of the incident;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to investigation records before judgment

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 10(2) and (1), and 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness [Article 10(2) and (1) of the Criminal Act (Article 55(1)3 of the same Act provides that the Defendant has been subject to pharmacologic treatment and hospitalized treatment due to chronic early illness since 2006, and the Defendant shows symptoms such as patrine and net symptoms.

In light of this, the defendant was in a state of mental and physical weakness at the time of committing the crime of this case.

【Recognition】

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 44-2(1) and Article 44-2(2) of the Medical Care and Custody Act [the scope of the recommended punishment] The reason for sentencing under Article 62-2 of the Criminal Act, Article 44-2(1) and Article 44-2(2) of the Medical Care and Custody Act [the scope of the recommended punishment] is the mitigated area (two to one year), [the person who is specially mitigated] the mental and physical weak (no one responsible for the sentence] [the sentence] of this case: The crime of this case is not proper for the defendant to have inflicted bodily injury on the person who was under the lapse of the period without any reason; the damage has not been recovered even if the degree of the damage suffered is not less exceptionally; the normal circumstances favorable to the fact that the victim was a majority of criminal records for the same kind of crime: It

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