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(영문) 대구지방법원 경주지원 2016.05.20 2015고합50
중상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

On July 16, 2015, when the Defendant changed things or lacks the ability to make decisions due to a editorial division disease around 18:00 on July 16, 2015, the Defendant entered the home room of the victim F (62 years of age) located in E on the racing-si, for the reason that the victim seems to be fright, and she taken one time to drink the left eye of the victim, and then taken ten times back the face and telegraph of the victim from the back of the victim to drinking and launching.

As a result, the defendant suffered from the injury of the victim, such as inside and outside the left-hand side of which treatment is required for about 56 days, and inside and outside of the mouths due to the removal of the inner and lower walls, thereby resulting in the incurable disease.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement;

1. In full view of the investigation report (Attachment of a written diagnosis of injury to a victim), four copies of the death diagnosis report, the investigation report (Attachment of a copy of the medical record submitted by the victim), and the copy of the medical record certificate [the mental and physical weakness in the judgment]: The defendant was hospitalized in G hospital located in Ulsan for mental illness, such as editing mental division, etc. from June 18, 2015 to June 27, 2015, and immediately after the crime of this case, the defendant was hospitalized in the same hospital from July 17, 2015 to August 11, 2015, and was hospitalized in the same hospital; each statement in the H's opinion and diagnosis statement to the effect that the defendant was committing any violence against himself without any justifiable reason; the victim's police statement to the effect that the defendant committed any act of incompeting him; and the motive and circumstances of the crime of this case, the defendant is recognized to have committed the crime of this case under the influence of recognizing that the defendant committed the crime of this case.

1. Article 258 (2) and (1) of the Criminal Act relating to the facts constituting an offense;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following circumstances considered as favorable among the reasons for sentencing) 1.

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