logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.08.21 2020고합250
주거침입등
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 one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Criminal facts

The defendant committed the following crimes in a state that the defendant lacks the ability to discern things or make decisions due to mental disorders.

1. Around 18:20 on June 1, 2020, the Defendant entered the victim’s residence in Daegu Suwon-gu B (Inn, 20 years of age) and went beyond the fence and intrudes on the victim’s residence.

2. The injured Defendant reported the above victim, who was fested in stairs at the time and place specified in the above Paragraph 1, on drinking without any justifiable reason, and inflicted injury on the victim, such as a scarf, scarf, etc. in need of medical treatment for about two weeks, when the victim’s left part part part of the victim’s arms, scarf, etc., and side part of the scarf, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each photograph of the medical certificate of injury (Evidence Nos. 2, 8, 9);

1. The point of mental suffering: the application of Acts and subordinate statutes to the extent that the defendant lacks the ability to discern things or make decisions due to mental disorders at the time of committing each of the instant offenses in light of the medical history, the details and details of the instant offenses, etc. of the defendant, which can be known by the records;

1. Relevant Article 257(1) of the Criminal Act, Article 319(1) of the Criminal Act, and Article 257(1) of the Criminal Act, the choice of imprisonment for a crime

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the extent that the punishment is added up the long-term punishment for each of the crimes above, which is heavier than the punishment);

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of punishment by law: One month to five years;

2. Whether to apply the sentencing criteria: The sentencing criteria shall not apply since the accused is under the age of 19 at the time of prosecution.

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence; and

arrow