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(영문) 대구지방법원 2018.06.27 2017고단6869

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On November 12, 2017, at around 11:20, the Defendant: (a) discovered the victim E (n.e., 31 years of age) on the street in the front of Sinsan-si, Sinsan-si; and (b) found the victim E (n.e., 20cm in total length, 10cm in length) with a deadly weapon prepared in advance (n.e., 20cm in length, 10cm in length) one time to inflict bodily injury on the victim, such as the victim.

Summary of Evidence

1. Statement made by the police for E;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the protocol of seizure and list of seizure, investigation report (limited to crimes and CCTV images for neighboring means);

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

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

1. The crime of this case for the reason of sentencing under Article 48 (1) 1 of the Confiscation Criminal Act is not likely to cause the victim, etc. to be excessively committed, the defendant committed the crime of this case under the mental retardation of class 2 with intellectual disability and mental and physical weakness; the defendant agreed with the victim; the defendant was the primary offender; the defendant was the primary offender; the defendant was the defendant's age, sexual behavior, environment; and the motive and circumstances of the crime after the crime, etc., shall be determined as ordered in consideration of the sentencing conditions indicated in the records.