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(영문) 의정부지방법원 2017.01.26 2016고단5455

상해

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 9, 2016, the Defendant: (a) around 09:00 on October 9, 2016, at the front entrance of the Defendant’s residence in the Namyang-si, the victim D (n, 75 years of age) (hereinafter “the removal of wastes”) was changed well; (b) the Defendant opened a burner garbage bag and opened the garbage bag to erode the garbage, and (c) caused the victim’s shoulder to exceed once by erode the garbage, and (d) caused the victim to suffer injury, such as the 1st century pressure pressure and the duplicating typopical signboard escape.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A criminal investigation report (verification of the details of damage);

1. Investigation report (the phone call of the suspect and the victim's ancillary phone);

1. Copy of the medical records, copy of the medical records, certificates of medical records, records in the country, records in the country, Ad Commission No, records in each process, and records of the operation;

1. Telephone recording CDs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense and Article 257 (1) of the Selection of Punishment;

1. Where the reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general injury [the scope of recommendation] [the person subject to special mitigation] [the person subject to special mitigation] or considerable damage has been recovered from the mitigated area (including efforts to recover damage] (the decision of sentence] unfavorable: the defendant has a record of criminal punishment for violent crime; the defendant has a strong degree of damage settlement; the defendant has a very significant degree of damage settlement: the confession of and reflects the crime in this case; the victim appears to have some aspects of inducing the crime; the victim has agreed with the victim; the defendant's age, sex, conduct, intelligence and environment; the motive, means and consequence of the crime; and the circumstances after the crime, etc., are above the sentencing factors stipulated in each subparagraph of Article 51 of the Criminal Act.