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(영문) 서울북부지방법원 2018.08.17 2018고단2461
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On May 5, 2018, at around 10:00, the injured Defendant inflicted injury on the packaging horse operated by the Victim C (Inn, 58 years of age) located in Dobong-gu Seoul, Dobong-gu, Seoul, on the premise that the Defendant was unable to run his/her business with a view to the wind that the injured party's tap water used as the victim was cut off, but in his/her hand, he/she inflicted injury on the injured party, such as cryp and scare base, knee knee knee kne, shoulder and arms, which require approximately three weeks of treatment.

2. On May 5, 2018, the Defendant damaged property at the same place as before and after around 13:20 on May 5, 2018, the Defendant sought the Victim C again, for the same reasons as the above 1.1., and caused damage to the property by gathering the market imped food, such as the Defendant’s Kimbed, straw, red fishing, red fishing, red fishing, living, eggs, and swine cat.

3. The Defendant interfered with the business of the victim by force over about 10 minutes, such as gathering food and greging on a table, such as the above 2. Paragraph 2. on the same ground as the above 1.1., and continuing to gather food and greging on a table, continuing to gather food, chairs, and greging so that customers grow.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. A written diagnosis of injury;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim telephone);

1. Article 257 (1), Article 314 (1), Article 366 of the Criminal Act concerning facts constituting an offense, and Article 257 (1), Article 314 (1), and Article 366 of the same Act concerning the selection of imprisonment with labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The Defendant alleged that the Defendant did not have the ability to discern things or make decisions due to mental illness at the time of committing the crime as indicated in the judgment by the Defendant, as to the observation of protection and the assertion by the community service order under Article 62-2 of the Criminal Act, and thus, was examined.

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