(영문) 광주지방법원 장흥지원 2014.05.22 2014고단6

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 장흥지원 2014.05.22 2014고단6

상해

Text

A defendant shall be punished by imprisonment for not less than two months.

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

Reasons

Punishment of the crime

The defendant is in a state with weak ability to discern things or make decisions as deaf-mutes.

On November 26, 2013, at least 20:36, the Defendant suffered injury on the side of the D convenience store located in Jeonnam-gun, Jeonnam-gun, for the reason that the victim E (57 years of age) was able to take a larlar, the victim’s face is taken several times with drinking and hand room, and the Defendant escaped from the victim as the victim was the convenience store, and the victim was able to take the back of the victim with the hand floor, and the victim was able to take part in the back of the victim’s back with the hand floor, and the victim was able to take part in the body of the inner wall.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of E;

1. Investigation report (No. 3 No. 5 of the evidence list);

1. Application of the Act and subordinate statutes to the video closure photographs and CDs;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Articles 11, 10 (2) and (1) and 55 (1) 3 of the Criminal Act (a deaf-mute and a person with mental disability) of the Criminal Act mitigated legally;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Probation Order;

1. Type 1 (Bodily Injury) and special mitigation area (one month to one year);

2. A deaf-mute or a person not subject to special mitigation;

3. Determination of sentence: two months of imprisonment, one year of suspended sentence, the defendant committed the instant crime of the same kind at the time of the lapse of two months from that date, even though he/she had the past record of punishment as the crime of bodily injury on September 27, 2013, considering that he/she committed the instant crime at the time of the lapse of two months from that date, and the degree of bodily injury of the victim, he/she shall be sentenced to imprisonment with prison labor; however, the defendant did not have the past record of punishment for the instant crime in a state where he/she did not physically grow as a deaf, the fact that he/she did not have the past record of punishment for the instant crime, and that the victim stated to the effect that he/she does not want

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