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(영문) 수원지방법원 2018.06.07 2018고정557
상해
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Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

When the Defendant was hospitalized in Suwon-si C medical care center 402 in Suwon-si B, and had weak ability to discern things or make decisions due to Albimer’s dementia, the Defendant inflicted injury on the victim D (84 tax)’s face, who was in the above 402 from January 6, 2018, around 22:25, and 3 times, on the one hand, caused approximately three weeks of treatment.

Summary of Evidence

1. Each E and D statement;

1. Night patrol log;

1. A victim and on-site photograph;

1. A medical certificate [the assistant of the defendant was in a state of mental or physical loss due to mental disorder, such as dementia in Albts-satick at the time of committing the crime in this case;

The argument is asserted.

According to the records, even though the defendant was suffering from mental illness as stated in the judgment at the time of the crime of this case, it is recognized by each of the above evidence, that is, the defendant made a statement to the police that he was at the time of the crime of this case after the crime of this case, that is, the defendant was at the time of reporting the victim to the E head of the medical care team immediately after the crime of this case. In light of the following circumstances, it is not deemed that the defendant did not have reached the state of loss

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant committed the instant crime under a mental or physical weak condition due to dementia in Albts-Iss-Is-Is-Is-Is-Is-Is-Is-Is-Is-Is-Is-Is-Is-Is-I

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