logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.04.11 2017고단4564
존속상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. A special intimidation: (a) around July 2014, the Defendant demanded the victim D (here, 84 years of age) of her mother-born victim D (here, 84 years of age) to provide money; (b) however, on the ground that the victim was not known, the Defendant threatened and threatened the knife with the knife on the victim’s face.

2. On Dec. 2, 2014, the Defendant suffered injury in existence, on the ground that the victim drinks alcohol to the Defendant on the ground that the victim drinks alcohol to the Defendant, thereby spreading the victim so far away from the floor so that the victim was unbundled, thereby cutting the victim clicking the victim beyond the floor to be hospitalized for 5 days.

Summary of Evidence

1. Legal statement of the witness D;

1. Each police statement protocol with respect to D, E, F, G, and H;

1. Family relation certificate;

1. Details of benefits for medical care and copies of medical records;

1. Each report of 112 reported case handling table [ although the victim made a somewhat reduced statement for the sake of the defendant, who is the victim, in this court, it can be fully found guilty of the facts charged of this case in full view of the evidence, such as the statement to investigation agencies of the persons concerned including the victim, etc.];

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 257(2) and (1) (a) of the Criminal Act concerning the facts constituting an offense, and Articles 284, 283(2) and 283(1) (a) of the Criminal Act concerning the choice of punishment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act for the observation of protection [the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court] 62-2 of the Criminal Act - Type 4 basic area (the reduction of punishment: the victim who is still in existence, the victim who has been in existence, the victim who has been in existence, and the victim who has been in June to June) 1) - basic area (the reduction of punishment: the reduction of punishment: the reduction of punishment: the victim who has not been in existence, the victim who has been in existence, and the victim who has been in existence, and the victim who has been in existence through a year and June 6) : The final sentence scope according to the aggravation of multiple crimes: Six months to two years [the decision of sentence]. The defendant is under the influence of alcohol for a considerable period of time.

arrow