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(영문) 부산지방법원서부지원 2020.12.22 2020고단1692
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around May 26, 2020, the Defendant was hospitalized in C Hospital located in Seo-gu Busan, Busan, for cancer treatment, and the victim D (V, 24 years old) is a nurse of the above hospital.

피고인은 2020. 6. 3. 00:30경 위 병원 3동 4층에 있는 314병동 간호사실에서 아무런 이유 없이 위험한 물건인 알루미늄 빈 캔의 뾰족한 모서리 부분으로 피해자의 얼굴과 양팔 부분을 수회 때려 피해자에게 치료일수를 알 수 없는 얼굴과 팔 부위의 열상 등 상해를 가하였다.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D;

1. On-site photographs;

1. Application of investigation report (the counter investigation of nurses of F Hospitals hospitalized by Suspect)-related Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing in Article 62-2 of the Probation Criminal Act is not appropriate to be committed in that the defendant inflicts bodily injury on the victim with dangerous articles.

The defendant was unable to receive suspicion from the victim.

The defendant recognizes his own crime.

Defendant has no record of punishment for the same kind of crime.

The defendant is suffering from her port-to-face disease, and such disease seems to have caused the occurrence of this case.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.

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