A defendant shall be punished by imprisonment for 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.

Punishment of the crime

The defendant is a person with a disability of grade 3 with intellectual disability who has come to the Center such as the victim C ( South, 49 years old) and became aware of it.

피고인은 2017. 10. 15. 13:25 경 충북 보은 군 E 소재 같은 D 센터에 다니는 F의 논에서 위 피해자와 함께 벼 베는 일을 도와주다가, 피고인이 게으름을 피운다는 이유로 피해자가 화를 내자 피해자를 밀어 넘어뜨리고, 피해자가 일어나면서 피고인에게 “ 임 마! 찍을 려면 찍어 봐! 찍어 봐! ”라고 말하자 순간 화를 참지 못하고 손에 들고 있던 위험한 물건인 낫으로 피해자의 좌측 가슴 부위를 1회 찔러 피해자에게 약 4 주간의 치료가 필요한 흉벽의 열린 상처 등의 상해를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Welfare cards;

1. On-site photographs;

1. A medical certificate of injury (the defense counsel committed the crime of this case under the condition that the defendant suffers from the mental illness of unknown whereabouts and thus lacks the ability to discern things or make decisions, and thus, committed the crime of this case;

Therefore, according to the records, it is acknowledged that the defendant suffered from a mental disorder of grade 3 of intellectual disability, but it is not recognized that the defendant had the weak ability to discern things or make decisions at the time of the crime of this case.

The above assertion by the defense counsel cannot be accepted.

Application of Statutes

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. Article 62-2 of the Criminal Act on the observation of protection;

1. The defendant's reasons for sentencing under Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation are recognized as crimes and wrong, and there is no history of criminal punishment, and the defendant point out that there is no history of criminal punishment.