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(영문) 수원지방법원 성남지원 2016.05.13 2016고단352

상해

Text

A defendant shall be punished by imprisonment for six 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

At around November 14:52, 2015, the Defendant expressed the victim's desire to "old age" to "old age" to the victim, on the ground that he/she was taking an examination of the victim D (here, 78 years of age)'s his/her father in Gwangju-si B, Gyeonggi-do, and caused the victim to go against the victim's will by leaving the victim's body over the floor by leaving the victim's body in mind with the victim's mind.

As a result, the Defendant inflicted injury on the victim, such as cutting the frame of the need for medical treatment for about 12 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following sentencing shall be considered in light of favorable circumstances)

1. [Scope of Recommendation] General Injury in Type 1 (General Bodily Injury) in the basic area (from April to June) [Special Aggravation (Special Aggravation)] / Non-Punishment (including serious efforts to recover damage) / Heavy injury (Types 1 and 4).

2. [Determination of Sentence] Disadvantageous circumstances: The occurrence of serious injury to the victim.

The favorable circumstances: The defendant is against himself while making a confession of all crimes.

The family members of the defendant shall pay 13.5 million won to the victim and the victim shall not be punished by the defendant.

The degree of assault by the defendant is relatively minor.

3. A suspended sentence shall be imposed on the victims, etc. who are vulnerable to the crime of suspended sentence, but the main elements of the suspended sentence exist, such as the minor aspects of the crime and the non-permanentity of the punishment, and on the grounds that there are many of the positive elements of the suspended sentence, such as the obvious social relationship with the victims and contingent crimes;