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(영문) 광주지방법원 2019.08.13 2019고단2366

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

The defendant is a person with a disability of Grade III in delay.

At around 12:30 on April 8, 2019, the Defendant listened to the fact that the victim D (the age of 69) talks with another person in front of the Ganyang-gun B apartment Cdong entrance, "the victim is going to go out" while the victim talks with another person, "the victim is going to go out", but when the victim and the vision have come to go out with a kacker, which is a dangerous object, the victim's back, right side, right side, left floor, left side side knife of the victim with a knife, face of the treatment days, side knife, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of each statute on photographs;

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 grounds for sentencing under Article 62-2 of the Probation Criminal Act include the confession of the defendant, the fact that the victim does not want the punishment of the defendant, the fact that the defendant has no record of punishment except for the previous convictions and twice, the degree of injury of the victim, the age, character and conduct, environment, motive of the crime, circumstances after the crime, etc., and the conditions for sentencing under Article 51 of the Criminal Act shall be comprehensively determined as the disposition of the defendant.