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(영문) 창원지방법원 2018.12.12 2018고단2742
상해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as a intellectual disabled person, has weak ability to distinguish things or make decisions.

"2018 Highest 2742" case

1. On July 29, 2018, the injured Defendant: (a) on the right side in front of the apartment apartment of Changwon-si, Changwon-si, on the following day; (b) on the ground that there is a dispute between the victim E (58 tax) and the taxi fare of the Defendant getting on and off, and the victim is trying to report to the police; (c) on the ground that the victim’s bridge is walking on several occasions; (d) the victim’s chest and face are 1 time in drinking; and (e) the victim’s chest and face are 21 days in drinking; and (e) the victim suffered injury, such as the victim’s clothes and face, which requires treatment for about 21 days in the right side.

2. On August 11, 2018, at around 14:32, 201, the Defendant cut off a 13-lane 579, and at the delivery by side of a public parking lot, the Defendant: (a) committed a theft with a fluence of the victim’s market price located adjacent to the passenger car located adjacent to the passenger car located by the victim F in order to settle the parking fees; (b) with a flus of the victim’s flus in order to use the flus of the flus in which the victim F was placed adjacent to the passenger car.

Cases of "2018 Highest 2838"

3. A thief: (a) around October 15, 2018, at the first convenience store operated by the victim H on the first floor of the shopping mall G at Changwon-si, 09:40 on the 15th day of October 2018; (b) the Defendant: (c) took advantage of the gap in performing other duties at the time of the victim’s diving, thereby cutting down two thiefs in the 14,500 won of the market price owned by the victim in the display belt; and (d) by taking off two stiefs in the Australian machine in the amount of 9,000 won of the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. A written diagnosis of injury;

1. Statement made by the police with regard to F;

1. Application of H’s written Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act concerning facts constituting an offense, and Articles 257 (1) and 329 of the Criminal Act which choose a penalty, and imprisonment with prison labor;

1. Article 10(2), Article 10(1), and Article 55(1)3 of the Criminal Act to be mitigated by law;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The Criminal Act to observe protection and give treatment orders;

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