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(영문) 대구지방법원 2019.06.27 2019고단1786
특수상해
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person with a disability in the third degree of brain-disease, and the victim B (the age of 51) is a person with a disability in the second degree of intellectual disability, who is preparing for self-reliance at the "C Center" located in Daegu-gu.

At around 12:00 on March 21, 2019, the Defendant: (a) 12:00, when the Defendant was unable to enter the wheeler in front of the entrance while leaving the wheeler in front of the entrance; (b) when the Defendant was unable to get out of the entrance, the Defendant sent the above neck to the victim who was leaving the entrance; (c) but (d) when the victim refused it, the Defendant saw the victim’s bridge, arms, and kick (80cm in length) that is a dangerous object (80cm in length) that he was in possession of the victim at about 4 times, followed up about 2 weeks of the following arms and other unexplic parts that require approximately 2 weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A written diagnosis of injury;

1. Application of investigation report (Sick photographs and attaching a damaged photograph), stick photographs, and Acts and subordinate statutes on a damaged part, which are used for criminal conduct;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The same type of the order shall be determined by comprehensively taking into account the following circumstances: the scope of recommendations according to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act on the grounds of suspended sentence [the determination of types] used in violent crimes [the category 1] basic area of special injury [the recommended field and the scope of recommendations], six months to two years [the scope of recommendations corrected according to the applicable sentencing] sentenced by imprisonment for one year through two years (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and the minimum of the applicable sentencing range is in accordance with the statutory minimum of the applicable sentencing range] as well as other conditions of sentencing indicated in the records, such as the defendant's age, occupation, character and conduct, family relations, circumstances before and after the crime.

- failure to receive a letter from the victim - recognition and reflect of the crime, and suffered by the victim.

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