A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is in the state of lacking ability to discern things or make decisions, such as having been receiving a 10-year medical treatment at a mental hospital due to mental disorders of grade 3.

피고인은 2017. 7. 27. 07:50 경 인천 서구 B에 있는 C 병원 2 층 샤워실에서, 샤워 중 옆에 있던 피해자 D이 자신에게 물이 튄다고 소리 지르자, 이에 화가 나 주먹으로 피해자의 얼굴을 10여 회, 가슴을 3회 때려 피해자에게 약 2 주간의 치료가 필요한 결막 출혈 등의 상해를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

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

1. 【The grounds for sentencing of Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Act on the Suspension of Execution 【The scope of the recommended sentence 】 The basic area of the general injury (type 1) [4 months - 1 year and 6 months] general mitigated person: The physical and mental weakness 【The Decision of the Sentence 【The Decision of the Sentence 【the Decision of the Sentence ' is appropriate for the continuation of treatment within the facility taking into account the Defendant’s characteristics and diseases rather than for the cumulative custody

The punishment for four months shall be determined within the scope of the recommended punishment, and the execution thereof shall be suspended for a period of one year.