Text
A defendant shall be punished by imprisonment for one year.
A seized Bomeral disease shall be confiscated.
Reasons
Punishment of the crime
On December 30, 2016, at around 16:40 on December 30, 2016, the Defendant asked the victim D (35 years of age) who was judged as having a intellectual disability 1st degree, to see that the Defendant committed noise by viewing the television. The Defendant asked the Defendant “hump, dyp, and dyp,” and asked the Defendant “hump, dyp, dyp,” and the Defendant fumped the Defendant at the time of three times the victim’s head head, which is a dangerous thing at the victim’s head. In addition, the Defendant saw the victim’s head to tear the number of days of treatment on the head of the victim’s head.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Police statements made to E and F;
1. Police seizure records;
1. Stenographic records;
1. Photographss of victims, photographs of seized articles, and the scene pictures of the case;
1. 112 A list of reported cases;
1. Investigation report (the relative investigation of the members of an emergency medical service provider out of the 119 emergency medical service site);
1. Investigation report (a neighboring party to a residential area);
1. A criminal investigation report (attaching a written opinion, etc. of the victim);
1. Application of Acts and subordinate statutes to investigation reports (as to class 1 of intellectual disability):
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;
1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and
2. Scope of recommended sentences on the sentencing criteria: Offenses for which the sentencing criteria are not set.
3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:
The favorable circumstances: The defendant's act is divided into and against his own crime, and there is no record of criminal punishment since 1984; the victim is a child of class 1 of the intellectual disability; the victim is a child of class 1 of the intellectual disability; the part when the defendant was a Bodon disease is the most important head from his body; the damage part and degree, etc., such as the damage part and the damage part where the length of 5 to 10 centimeters is 3 military forces, etc. due to the act of the defendant.