beta
(영문) 서울중앙지방법원 2018.08.23 2018고단3224

특수상해

Text

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

However, 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

Around April 28, 2018, the defendant was a neighboring resident living in the same building as the victim B (the age of 78), and around 13:15 on April 28, 2018 operated by the victim in Dongjak-gu Seoul Metropolitan Government C, and the victim gets her husband and alcohol more, and the victim gets her her horse, and her broom (130cm in length) and her head, which are dangerous goods in the above miscellaneous point (90cm in length) and the head of the victim her head, and her head was flick two strings that require medical treatment for about 14 days by pushing the victim over the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes of photograph, bodily injury diagnosis certificate, investigation report (net 10);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The scope of recommendation [the scope of recommendation] on the grounds of sentencing in Article 62-2 of the Criminal Act for the protection and observation, and the order to attend a lecture, the scope of recommendation [the scope of recommendation] on the grounds of the sentencing guidelines for sentencing of Article 62-2 of the Criminal Act, and the scope of punishment for special injury and repeated crime: (4 to 1 year) in the mitigation area (special injury) / [the special mitigated person] - the unfavorable circumstances: Disfavorable of the nature of the crime (the motive and background of the crime, the means of the crime) - the relation between the serious reflectivity, minor injury, the relationship with the victims - Other circumstances of the defendant, etc.