(영문) 부산지방법원 2017.06.28 2016고단5698

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.06.28 2016고단5698

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 05:00 on April 15, 2016, the Defendant, who was hospitalized in the same sick room in Busan Eastdong-gu, Busan, for the reason that the victim E (78 years of age) was hospitalized in the same sick room (704) opened the sick room, brought about an injury to the left-hand pelle of approximately 10 weeks, for which treatment between approximately 10 weeks of age is required.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, E, G, and H;

1. Each police statement made to E, F, G, and H;

1. Complaint;

1. Application of the Act and subordinate statutes to the investigation report (to make an investigation by a medical specialist outside of the I Hospital, a medical certificate, and a written agreement (to the effect that the defendant does not have any fact of breaking the victim's appearance, such as the facts of the crime, but comprehensively taking account of the evidence held including the victim's consistent statement, it can be sufficiently recognized that the facts of the crime are facts of the crime, and thus,

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing as follows) / [the scope of recommendation] general injury area of category 1 (6-2 years) [6-2 years] and the subject of the aggravated injury area (6-2 years] / [decision of sentence] the degree of injury of the injured party / The injured party is more serious. The injured party is the defendant's punishment. The injured party is the aged and the first offender, and the defendant's personality and behavior, environment, circumstances leading to the crime, means and methods leading to the crime, results, etc. are considered as the order of sentence.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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