A defendant shall be punished by imprisonment for not less than eight 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 the second degree of intellectual disability.

On October 16, 2017, around 19:10 around 19:10, the Defendant laid down a mixed standard on the roads below the 9-franc basin underground streets in Jung-gu, Seoul, and slicked the victim C (60 years old) who restrains it, which is a dangerous object on the victim's Obane, and was faced with the victim by gathering the health boar, which is a dangerous object on the victim's Obane.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as the victim's mind, surrounding influence, and blood transfusion, etc. for about 21 days.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Statement made by the police against C;

1. A report on investigation (an investigation conducted against the other party of a harvested person);

1. A written diagnosis of injury;

1. Application of photographs and other Acts and subordinate 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. The Defendant and the defense counsel regarding the assertion of the Defendant and his defense counsel under Article 62-2 of the Criminal Act for the observation of protection and observation, and the Defendant was physically and mentally weak at the time of committing the instant crime as a disabled person with intellectual disability 2.

The argument is asserted.

Although the Defendant was diagnosed by a mental delay even during the process of having a cerebriform or behavioral disorder around September 9, 2003, it is recognized that the Defendant received a medication, but does not seem to have reached a state where the Defendant lacks the ability to discern things or make decisions at the time of committing the instant crime. Therefore, the above assertion is rejected.

The crime of this case on the grounds of sentencing is committed in light of the following factors: (a) the method of crime is dangerous; and (b) the degree of injury of the victim is not somewhat weak; (c) the defendant recognized the crime of this case and reflects the fact that the defendant was committed; and (d) class 2 of the intellectual disability 2, the defendant's health condition and details of the crime.