A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant and the victim D(78) are patients hospitalized in the Flag care hospital located in Busan Staff-gu E.

피고인은 뇌 손상으로 인한 기질성 정신장애 및 알츠하이머 병에서의 치매로 인하여 사물을 변별하거나 의사를 결정할 능력이 미약한 상태에서, 2016. 7. 9. 17:45 경 위 병원 4 층 복도 의자에 앉아 있던 중, 피해자가 피고인에게 다가 가 말을 건네자, 아무런 이유 없이 갑자기 오른팔로 피해자의 얼굴 부위를 때릴 듯이 휘두르고, 왼손으로 피해자의 오른쪽 팔을 잡고 밀어 피해자로 하여금 복도 바닥에 엉덩방아를 찧으면서 넘어지게 하였다.

As a result, the defendant abused the victim and caused the victim to suffer an injury on the left-hand side of the 10 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

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

1. Relevant Article 262 of the Criminal Act, Articles 260 (1) and 260 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. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Article 32(1)2 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (the applicant for compensation is not the victim of the instant crime) provides that even though the victim suffered serious injury due to the sentencing, due to the failure to recover from damage, the Defendant’s criminal liability is not less than that of the instant crime. However, the Defendant’s physical and mental disorder due to Alz-type dementia and brain damage led to the instant crime under the condition of mental and physical weakness; the first offender; the Defendant is the age of 74 years old and the mental illness has deteriorated to the degree that it is impossible to cope with the convict life as ordered by the disposition.

The defendant's defense counsel in judgment on the defendant's defense shall raise objection.