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(영문) 수원지방법원 2015.08.10 2015고단2375
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 09:00 on December 7, 2014, the Defendant talked about the problem of the victim D(79 years of age) and the boiler of the elderly's home, and the Defendant expressed that the Defendant was “Is the victim who was able to be in charge of the boiler of the elderly's home,” and that the Defendant said that the Defendant was “Is the victim who was in charge of the boiler of the elderly's home vessel" was “Is the victim’s left chest part of the victim’s chest at one time, and was 12 chest pressured with the victim requiring 56 days of treatment.”

Summary of Evidence

1. The statement to the effect that the defendant satisfe the victim's chest at the date and place specified in the facts charged in this case, and at the same time and place;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Recording records;

1. The application of Acts and subordinate statutes to a medical statement E, medical record Fa Hospital, and first-aid service log (in full view of each evidence, it seems clear that the defendant suffered from the pressure of 12 chest pressure because the victim satisfe or was satisfed by the victim's chest or satisfing the victim's chest, and thus, even if there are some aspects that the degree of damage was serious due to the victim's circumstances, such as the victim's age and the density, the causal link between the exercise of the defendant's tangible power and the victim's above injury

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

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

1. A victim who is vulnerable to a crime in the scope of the recommended sentence according to the sentencing guidelines (the scope of recommending sentence) of general injury in the category 1 (the scope of general injury) and the special aggravation area (six months to three years), serious injury (the person under special necessity) (the number 1 and 4) and the victim who is vulnerable to the

2. Determination of sentence: Ten months of imprisonment, the gravity of the injury suffered by the victim for two years of suspended sentence, the failure to recover the damage, and the failure to obtain a letter from the victim; and the victim suffers.

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