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(영문) 서울중앙지방법원 2017.11.22 2017고단5056
상해
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is in a de facto marital relationship with the victim C (V, 77 years of age).

At around 08:00 on May 18, 2017, the Defendant inflicted injury on the victim, such as the 3rd d and d and 4 201 of Dongjak-gu Seoul Metropolitan Government on the ground that the Defendant was unable to d and d and 4 201 on the part of the victim on the ground that the Defendant was satisfing the victim’s satisfe and sated, and pushed the victim over the floor by cutting down the satisf by hand, thereby damaging the victim’s satisfing the satch.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Statement made to C by the police in the protocol; and

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., favorable circumstances deemed as the following grounds for sentencing):

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for observation of protection and observation;

1. The basic area [the scope of the recommended punishment] the scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall be four months to one year and six months; and

2. In light of the circumstances revealed in the arguments of this case such as the defendant's age, sexual conduct, relationship with the victim, motive of the crime, and circumstances after the crime, the punishment as ordered shall be determined within the scope of the recommended punishment, taking into account the following circumstances: (a) the defendant has no record of criminal punishment in Korea; and (b) the extent of the defendant's use of violence was not serious; and (c) the defendant's age, sexual conduct, relationship with the victim; (d) the victim's motive of the crime; and (e) the extent of the victim's injury was considerably significant; and (e) the defendant's punishment

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