Cases
2013 Highly 59 Injury, etc.
Defendant
00
Residence
Reference domicile
Prosecutor
The On-site (prosecution), the Glaver-dong (Trial)
Defense Counsel
Attorney Park Do-young
Imposition of Judgment
May 30, 2013
Text
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
At around 18:00 on April 9, 2013, the Defendant, at the house of the Defendant located in 00, 00, 00, 00, the head and face of the victim, who is the wife, was able to make several times of the victim’s head and face of the victim, and the victim was able to take several times of the victim’s head and face of the victim’s head and face, which was taken from around 07:30 on April 10, 2013 to around 08:00, for the same reason, from around 08:0 on the same day to around 12:40 on the same day, the Defendant caused the victim’s death to two parts of the victim’s head and face of the victim, and caused the victim’s death to two parts of the victim’s head and face of the victim’s house at around 08:0 on the 12:40 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's protocol of examination of the accused;
1. Each police interrogation protocol against the accused;
1. A written autopsy report and a written autopsy and appraisal report;
1. A report on the results of investigation of a changeer or a deceased person, and a criminal investigation report;
Application of Statutes
1. Article applicable to criminal facts;
Article 259(1) of the Criminal Act
1. Discretionary mitigation;
Articles 53 and 55(1)3 of the Criminal Act (see, e.g., the following favorable circumstances):
1. Suspension of execution;
Article 62(1) of the Criminal Act (Consideration of the favorable circumstances below):
Reasons for sentencing
1. The scope of punishment by sentence: Imprisonment for not less than three years but not more than 50 years;
2. Scope of recommended sentences according to the sentencing criteria;
[Determination of Penalty] In the event of violence, general injury, or death
【Special Convicted Persons】
-Devaluation factors: No penalty surcharge;
-major elements: victims vulnerable to crimes;
【General Convicts】
- Mitigation elements: No record of criminal punishment
【Determination of Recommendation Area】 Basic Area
[Scope of Recommendation] Imprisonment with prison labor for not less than three years but not more than five years
【Suspension of Execution】
- Major reasons for commission: Victims (unlawfuls), no record of criminal punishment (esteems), and penalties that are vulnerable to crimes;
Members of the Council with pride;
- Reasons for general participation: there is no criminal record of not less than a stay of execution (affirmative), the defendant's age (esteem), avoidance;
The health of high-rankings shall not be significantly good;
3. Determination of sentence;
The crime of this case resulted in death when the victim, who is the spouse where the defendant was living together for a period of several hundreds, resulting in death. It is necessary to severely punish the defendant's act of using violence on the ground that the victim suffered from pinson's disease and is unable to defend because he was not free enough to do so.
However, the defendant recognized the crime of this case, it appears that the defendant committed the crime of this case by contingency on the wind that is unable to understand the victim's spawn's spawn's spawn's spawn's swn's swn's swn's swn's swn's swn's swn's swn's swn's swn's swn's swn's swn's swn's swn's swn's swn's swn's swn's swn's swn's swn's swn's swn's swn's swn's swn's swn's swn's swn's s.
Judges
For transfer (Presiding Judge)
Madnaments
Park Bo-sung