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(영문) 수원지방법원 여주지원 2021.01.19 2020고단1392

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

A. The Defendant, who was in charge of the crime, was working at the convenience store in Echeon-si from April 2019 to June 2020, and was in mind at the convenience store in Echeon-si, 2020, on the ground that the victim D ( South, 3* tax) with intellectual disability 2 became a customer and continued to walk the horse as annoyer, and caused annoyinglying.

Thus, on October 5, 2020, the Defendant took a dangerous object, which was kept in the Defendant’s residence, and found it as a F apartment with the victim’s living in E in E in E in Echeon-si, and then, the victim was sleeped on the instant F apartment G rooftop that was in the width of the building, and the victim was sleeped with stress due to collapse.

U.S.

After concluding that the victim’s head was at least 10 times, the victim’s head was at the end of the above part, and the victim was at least 10 times, resulting in an injury to the victim, such as an open upper room, multiples, etc. requiring approximately 3 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written diagnosis of injury to the protocol made with D;

1. Application of the Acts and subordinate statutes to the photographic agreement and withdrawal of a complaint;

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 to mitigate small amount;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. 6 months from the scope of the recommended sentence to 2 years (influence of punishment and motive for committing a crime that may be criticized);

2. An unfavorable circumstance shall be taken into consideration, such as the fact that the sentence is a crime planned for the sentence, the risk of an act pattern, the victim’s mental disorder, the victim’s convenience store frequently discovered and annoyedlyed victim’s crime of this case due to a mistake on the victim’s motive, and there are circumstances to criticize the motive for the crime.

However, it shall be considered in favor of the favorable circumstances, such as the fact that there is a time, agreed point, the fact that the defendant is receiving mental treatment.

This is the same.