(영문) 광주지방법원 2017.09.28 2017고단740

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자간(%)

(영문) 광주지방법원 2017.09.28 2017고단740

특수상해

Text

A defendant shall be punished by imprisonment for four 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

On December 23, 2016, when the defendant suffered from the victim D (28 taxes) of the same building in the studio building located in Gwangju-dong-gu, Gwangju-gu, in a situation where he or she lacks the ability to discern things or make decisions due to a sudden disorder such as Cho-dong-gu, etc., "the studio end end end end end end end end end end end end end end end end end end end end end end end end end end end end end end end to end end end end end end of the defendant's kitchen (20cm in total length) and put the victim into the right side (2, 3 cm in length) where medical treatment for about 14 days is required for the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D’s legal statement (which is sufficiently reliable because the statement conforms to specific, consistent and other evidence);

1. A damaged photograph and virtual photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 on the suspended execution;

1. Although it constitutes a crime with high risk of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, the crime committed in a state of mental or physical weakness is currently being hospitalized in a mental hospital with the help of his/her family, the degree of injury to the victim is not much serious, and the victim does not want punishment, and the victim does not wish to do so, and the victim does not have a criminal record other than twice the minor fine resulting from a crime for this paper, the sentence shall be determined as per the disposition and the execution thereof shall be suspended, but the protection and observation shall be ordered.

참조조문

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