(영문) 대구지방법원 서부지원 2019.01.16 2018고단2113

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자간(%)

(영문) 대구지방법원 서부지원 2019.01.16 2018고단2113

상해

Text

A defendant shall be punished by imprisonment for six 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

On June 23, 2018, at around 16:50, the Defendant: (a) cut locked in Seo-gu Ba C on the ground that the victim E (the victim E (the 26-year age), the upper floor, and the victim F (the 26-year age age), etc. (the 26-year age) residing in the No. D, would not open the door; (b) the victims would not open the door; and (c) when the victims come at home, the victims would be flick up with their hair and flick, and walking the victim E with their face and flick, and walking the victim E with approximately three weeks of treatment; and (d) the victim F would have no cerebr in which there is no open me in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Each injury diagnosis letter;

1. Application of statutes on site photographs;

1. Article 257(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Treatment and Custody Act are the factors for sentencing unfavorable to the defendant, such as the following: (a) the victim inflicted bodily injury on two victims under the circumstance that the defendant is considered to have her children; (b) the victims want to punish the defendant; and (c) the defendant has been punished for a crime related to violence.

On the other hand, the fact that the defendant led to the confession of the crime of this case and is divided, that the defendant is currently being treated after being diagnosed with the 1st type dynamic disorder, that such circumstance appears to have influenced the crime of this case, and that there is no record of punishment exceeding the fine, etc. are factors for sentencing favorable to the defendant.

In addition, the defendant's age, character and conduct, the environment, the motive and background of the crime, the means and consequence of the crime, and the circumstances after the crime, etc. are all the conditions for the sentencing as shown in the argument in this case.

참조조문

-치료감호 등에 관한 법률 제44조의2

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