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(영문) 수원지방법원 안양지원 2016.04.01 2015고단1816

상해

Text

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

Reasons

Punishment of the crime

At around 12:00 on September 27, 2015, the Defendant: (a) at the six-time patient room of the DD Hospital located in Mapo-si, Mapo-si; (b) based on the reason that the Defendant’s mother, who was hospitalized in the above hospital, was bound by the Defendant’s care for the victim E (at the age of 24) of nursing in the above hospital, was bound by the Defendant’s mother, using a ceiling, to set up the table table at the time of the next victim’s dispatch; and (c) caused the Defendant to sprink up the wall that requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of CD-related Acts and subordinate statutes

1. The relevant Article of the Criminal Act and the grounds for sentencing under Article 257 (1) of the Criminal Act for the choice of criminal facts;

1. The area subject to the application of the sentencing guidelines [the types of determination], general injury, type 1 (general injury) [the person subject to special sentencing] mitigation: Minor injury (1 and 4 types), penalty non-won (the area of recommendation and the scope of punishment] special mitigation area: One month to one year of imprisonment;

2. In light of the fact that the defendant who has been sentenced not less than 10 times of punishment for the same kind of crime, but is well aware of the fact that he committed the crime of this case without being aware of the fact that he committed the crime of this case in the period of suspension of execution, the defendant may not be punished by imprisonment.

However, if the defendant recognizes the crime as a substitute, the degree of injury is relatively minor, and the victim does not want the punishment of the defendant, etc. shall be considered as favorable circumstances to the defendant, and the punishment shall be determined like the order, taking into consideration all of the sentencing conditions specified in the arguments in this case, such as the background of the crime, circumstances after the crime, age of the defendant, sexual conduct, environment, etc.