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(영문) 서울남부지방법원 2020.11.25 2020고단3892
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

On May 31, 2020, the Defendant: (a) around 06:15 on May 31, 2020, at C Hospital D Hospital D's hospital located in Gangseo-gu Seoul Metropolitan Government, the victim E (n't participate, 69 years of age) hospitalized in the same sick room as the preceding night at the C Hospital D's hospital located in Gangseo-gu Seoul Metropolitan Government; (b) the Defendant took part of the victim's face of plastic broom, which is a dangerous object, without participating in it; and (c) took part of the victim's arms and losses to prevent the victim from taking part of the victim's face; and (d) sustained injury such as damage to the gredification of the snow pool on the right side of the treatment days by taking part of the victim.

around 17:00 on June 17, 2020, the Defendant argued with F, a patient, at the fifth floor of the C Hospital located in Gangseo-gu Seoul Metropolitan Government, the fifth floor of the C Hospital located in Gangseo-gu, Seoul, about 17:0, the Defendant saw the victim as drinking once a week from the victim G (n, the age of 44) who raised the dispute with F, the patient, and put the victim into a string of the mash (2cm) that requires medical treatment for 14 days.

Summary of Evidence

[200 Highest 3892]

1. The police statement of the defendant E in his court statement;

1. Investigation report (verification of circumstances, etc. of damage), victim's photograph, and photograph of plastic brooms (200, 4016);

1. Application of Acts and subordinate statutes to the defendant's legal statement G and written injury diagnosis of H;

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

1. Of concurrent offenders, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall be subject to discretionary mitigation under Articles 53 and 55 (1) 2 of the Criminal Act;

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

1. A person committing a crime of carrying dangerous articles for reasons of sentencing under Article 62-2 of the Criminal Act, Article 44-2 and Article 2-3 subparag. 1 of the Medical Treatment and Custody, etc. Act is highly likely to cause serious bodily harm to the human body, the victim E is an old person who is vulnerable to the crime, and the crime is not good in light of the means and methods of the crime, and the degree of injury.

However, the fact that the defendant confessions and reflects the crime.

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