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(영문) 전주지방법원 2019.09.04 2019고합160

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

Criminal facts

The defendant and the victim B ( South, 44 years old) are siblings.

At around 16:00 on February 14, 2019, the Defendant, while making a horse dispute with the victim in Kim Jong-si Kim Jong-si, went beyond the victim by leaving the victim's chests in several times due to his drinking, and went beyond the victim's gate (13.5m in the knife length) which is a dangerous object at the floor, put the victim's left hand and the part of the back of the victim's failure to provide treatment to the degree of about a day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Answers, criminal implements, photographs, etc., copies of hospitalization certificates, medical records, etc., suspect's medical care benefits, and replys to requests for cooperation in investigation;

1. Application of investigation reports (village heads and 119 first responders) and investigation reports (to listen to the statements of victims)-related Acts and subordinate statutes;

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

1. Articles 10(2) and (1), and 55(1)3 of the Criminal Act for mitigation of mental disorders (see, e.g., Supreme Court en banc Decision 2006Da1448, Apr. 2, 2006)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing (as seen earlier, the defendant is a mentally handicapped person whose punishment is mitigated pursuant to Article 10(2) of the Criminal Act and who has committed an offense corresponding to imprisonment without prison labor or heavier punishment. In light of the defendant’s status indicated in the aforementioned evidence, the details and contents of the instant crime, etc., the necessity to receive medical treatment and the risk of recidivism as a requirement for medical treatment order is recognized) of Article 62-2 of the Criminal Act, and Articles 2-3 subparag. 1 and 44-2 of the Medical Treatment and Custody Act;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing criteria (the determination of types) shall be limited to violent crimes; and the injury by special injury, repeated crime (the type 1) shall be special injury.