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(영문) 인천지방법원 2018.02.09 2017고단9267

상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

around 13:00 on October 29, 2017, the Defendant saw “benching ......” without any justifiable reason, from “Jandong Park” located on the paths of Bupyeong-gu Incheon Bupyeong-gu, Bupyeong-gu, Incheon, Bupyeong-gu, 102, the Defendant laid off the bench with the victim C (V, 92 years of age) seated with his hand, put the victim over the floor, caused the victim to go beyond the floor, and caused the victim to go beyond the floor, thereby cutting down the bench of the number of days for treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Recording recording recording recording recording;

1. Reporting on investigation (the state of a victim);

1. Application of each letter of opinion, the total of three copies of field photographs to the statutes;

1. Relevant Article 257 of the Criminal Act, Article 257 (1) of the Criminal Act, grounds for sentencing of sentence of imprisonment, and grounds for sentencing;

1. Scope of the recommended punishment according to the sentencing guidelines [types of determination] - Class 1 (general injury) (special sentencing factor) - Aggravation factors: Victims who are vulnerable to the crime [the scope of the recommended punishment] increased area [the scope of the recommended punishment] 6 months to 2 years [the general sentencing factor] reduced area: The serious reflective area

2. Whether or not the suspension of execution (main reasons): - Unfavorable criminal records of the same kind (not more than five years of suspension of execution, or a fine not less than three times), victims who are vulnerable to crimes (general circumstances): Not less than two times of suspension of execution, not less than two times of suspension of execution, and not more than their efforts to recover from damage - positive:

3. The defendant who has been sentenced to 21 times of criminal punishment, and a criminal offense committed by violent inclinations among them shall have committed 18 times, and a criminal offense or heavier than a suspended sentence shall also be punished five times.

In particular, on January 25, 2017, the Defendant was sentenced to one year of suspended sentence on the grounds of interference with business affairs, and committed the instant crime during the suspended execution period after the judgment became final and conclusive on February 2, 2017.

The Defendant committed a crime of assault against the elderly at the same place as the instant crime during the period of probation, and committed a second offense without being aware of the fact that he was punished by a fine.

The victim of the instant crime is 92 years of age.