(영문) 광주지방법원 순천지원 2015.09.23 2015고단1087

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자간(%)

(영문) 광주지방법원 순천지원 2015.09.23 2015고단1087

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

Around 09:10 on March 25, 2015, the Defendant discovered the victim E (the age of 81) at the D Free Meal Service Center located in Franchi City C, which is not good for peace, and found the victim E (the age of 81). The Defendant had been in dispute with the victim, and the Defendant was faced with the victim’s body one time by cutting the body of the victim over the floor and cutting the head above the floor.

As a result, the Defendant suffered bodily injury, such as cutting down two frameworks requiring approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A medical certificate;

1. Filing reports and the application of the Acts and subordinate statutes governing investigation reports;

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. Reduction elements of Category 1 (General Bodily Injury): Where the victim is fully responsible for the occurrence of a crime or the expansion of damage even if the victim is also liable for the occurrence of a crime (Special Aggravations): serious injury (Article 1 and 4) and the victim (decision on the recommended field) who is vulnerable to a crime (decision on the recommended field) increased area [the scope of recommendation range] 6 months to 2 years;

2. The age of the defendant who has no criminal record of a suspended sentence of execution or more (the main reason for the suspension of execution: negative) committed against the victim who is vulnerable to the crime;

3. A normal victim who is favorable to the determination of the sentence of punishment is also responsible for the occurrence of the crime, and the Defendant deposited KRW 3,000,000 for the victim, and the Defendant was sentenced to a fine by committing the instant crime at around 2014, which was disadvantageous to the aged. However, at the time of the lapse of one year, the Defendant again committed the instant crime against the same victim, and did not take any relief measures after causing the injury to the victim, and went out of the scene, and the degree of the victim’s injury is not less weak, such as cutting down two frames of the victim.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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