(영문) 의정부지방법원 고양지원 2014.07.25 2014고단879

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2014.07.25 2014고단879

상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who works as a livelihood support teacher of “D”, a residential facility located in “C,” which is a social welfare foundation, and the victim E (the age of 28) is a person who was admitted to the said “D” with intellectual disability 1st century and without delay from 1995.

On February 27, 2014, the Defendant: (a) around 17:00 on February 27, 2014, at the request of G, the victim's gathering teacher, and (b) at the request of G, the victim in charge of the Defendant, including the victim, tried to leave the victim.

Even though the victim tried to go out of the victim, on the ground that the victim tried to go out of the victim's body and obstructed the victim's body, and the victim walked once the victim's body, the victim was suffering only from the victim who intends to go out of the victim, while the victim was her to go out of the victim again, and the victim again her hand she again walked back one time to walk back the victim's back, and again her walked back from the room, and again, the victim got out of the room after walking back the back of the victim's back again, and again she went out of the room by walking the back part of the victim's body one week due to the victim's sound coming out of the room.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and G;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Sentencing guidelines for sentencing under Article 62(1) of the Criminal Act: Violence crimes, general injury, Type 1 (General Injury), basic area, imprisonment with labor for a period of four months to one year and six months, resulting in an injury by assaulting a victim of a intellectual disability under his/her protection.

The defendant borne the medical expenses of the victim due to the instant case, and the victim was the victim's wife by agreement with the victim.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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