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(영문) 대구지방법원 2017.09.28 2017고단3896
특수상해
Text

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.

Reasons

Punishment of the crime

The defendant had weak ability to discern things or make decisions due to AD disorder (ADD) such as pulmonary disorder and excessive behavioral disorder (ADD).

On June 27, 2017, at around 10:30, the Defendant 109, the Daegu Northern-gu C Manshion 109 Dong, Daegu Northern-gu, Daegu-gu, 2017, followed by the victim D (58 taxes) and driving tobacco, and then francing the neck back from the victim's back to the victim's back, francing the knife of the knife, which is a dangerous object (Evidence No. 1) knife the victim's face, and added the victim's face to the knife knife knife knife knife knife knife knife knife knife knife knife k.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (the attachment of a damaged photograph, a medical certificate, and data on an application for a suspect's disability grade);

1. Application of statutes on records of seizure and lists of seizure;

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, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. Article 44-2 (1) and (2), the main sentence of Article 44-3, and Article 62-2 of the Criminal Act and Article 62-2 of the Act on the Observation, Medical Care, Care, etc. of Treatment;

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act is deemed to have inflicted an injury on the criminal suspect who is a dangerous object, and not only is the criminal liability revealed, but also the result of serious injury on the victim was caused, and the damage was not restored.

Furthermore, the defendant has a record of being subject to juvenile protective disposition due to a forced indecent act, etc.

However, the defendant committed the crime of this case in the state of mental and physical weakness due to autism, etc., the defendant's age has yet to be old, and the defendant's parents will continue to provide medical treatment to the defendant.

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