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(영문) 서울북부지방법원 2017.09.27 2017고단637

상해

Text

A defendant shall be punished by imprisonment for four 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

On September 21, 2016, at around 14:25, the Defendant tried to see that older persons who gather in the Soak field park located in Gangnam-gu Seoul, Gangnam-gu have taken food and alcohol from the house to drink, and that they have taken food and alcohol from the house. The Defendant heard from the victim C (V, 80 years of age) the phrase “Woo Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat L

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the prosecution with regard to D;

1. A photograph of the victim's upper part of the body;

1. A medical certificate;

1. A report on investigation (a detailed statement of processing cases to be reported) and a detailed statement of processing cases to be reported 112;

1. Application of Acts and subordinate statutes to a investigative report (Attachment to a detailed statement of processing a case to be reported 119), reply letter, and a detailed statement of processing a case to be reported 119;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general injury to the basic area (from April to June) (no person subject to special sentencing).

3. The fact that a crime of inflicting an injury on a woman of the old age making a decision of sentence is bad, and that it is not agreed with the victim is disadvantageous.

On the other hand, the fact that there is no criminal history of the same kind, and that the defendant is suffering from disease such as dementia due to old age, except that there are two previous years of past punishment of fine.

In light of the above circumstances, the sentencing conditions, such as the character, conduct, environment, etc. of the defendant, shall be taken only once, and the sentence shall be determined as ordered.