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(영문) 인천지방법원 부천지원 2017.03.23 2017고단166
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 is a lessee under Section C 101 with mental disorder C, and the victim D (V, 69 years of age) is a lessor of the above house.

While the Defendant lacks the ability to discern things or make decisions due to mental disorders, such as same-sex, etc., the Defendant found the victim at around 04:20 on November 29, 2016, the 00 church located in Bupyeong-si E and the 2nd floor of the Bupyeong-si around 04:20 on November 29, 2016, and claimed a return of the deposit for rent KRW 3 million, but the victim said that it would return the deposit if the next tenant entered.

On the other hand, a dangerous object, which is a church kitchen, the kitchen of a church, and a dyke, has reached a knife and a part of the bridge of the victim on several occasions, with a total length of 26cc.

In the process of the victim's resistance, when the victim fell off the ground, the defendant again knife the knife (33 cm in total, 21 cm in total) and excessive (24 cm in length, 12 cm in length) which are dangerous objects from the kitchen of the church, and the victim's walk 12 cm in front of the above church, and knife knife knife 2 knife knife knife knife knife knife knife knife knife knife knife knife kn

As a result, the Defendant carried dangerous objects and inflicted injury on the victim, such as cerebral sye, requiring medical treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

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

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

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

1. The need for medical treatment orders and treatment orders under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act, and the reason for sentencing [the scope of recommended punishment] Special Bodily Injury Areas No. 1 (Special Bodily Injury) (the period between September and February 6) (the person subject to special mitigation) in the area of special mitigation [the person subject to special mitigation], and the person not subject to punishment.

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