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(영문) 대구지방법원 서부지원 2019.02.13 2018고단1750

특수상해등

Text

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

except that 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 April 20, 2018, at around 17:55, the Defendant got into front of the house of the victim C(76 years of age) located in Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, the Defendant: (a) went into the house of the victim without permission by entering the house of the victim through the new gate, and (b) went into the body of the victim with approximately 21 days in the air (1.2 meters in length) of dangerous objects; and (c) damaged property by taking approximately 5,000 won in the mother market price of the boom-gun, owned by the victim that the victim went into the house of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. A report on internal investigation, report on internal investigation (Attachment to a photograph of damage inflicted upon the victim's family), and report on internal investigation (Attachment to a photograph of the victim's family), and report on internal investigation (Attachment to a photograph of the victim's family

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

1. Relevant provisions of the Criminal Act and Articles 258-2 (1) and 257 (1) of the Criminal Act, Article 319 (1) of the Criminal Act, Article 366 of the Criminal Act concerning criminal facts, the choice of punishment (the point of causing bodily harm, the choice of imprisonment), Article 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is the sentencing factor unfavorable to the defendant, such as the fact that the defendant used the atmosphere that is dangerous goods, thereby inflicting bodily injury on the victim, and the victim wanting to severely punish the defendant.

On the other hand, the defendant's confession of the crime of this case and is divided, and the defendant is the first offender with disabilities of the second degree with mental retardation disorder and has no previous conviction, etc. are the factors for sentencing favorable to the defendant.

In addition, the defendant's age, character and conduct, environment, motive, background, means and consequence of the crime, and circumstances after the crime, etc.