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(영문) 인천지방법원 2017.03.24 2017고단597
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 17, 2016, at around 22:45, the Defendant collected a paper stuff in the collection place of recycled goods located in the Nam-gu Incheon Metropolitan City apartment complex C, and then Da and Da (76 years of age) are victims D(W) and Do.

“In the course of mutual disputes, the victim was pushed down with his/her chest by hand and had the victim go beyond the floor.

As a result, the Defendant inflicted injury on the victim, which requires treatment for about 70 days, on the part of the victim, the 1st body frame and the sacrife inception.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Each investigation report (field investigation, etc. and investigation into treatment status);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 of the Criminal Act, Article 257 (1) of the Criminal Act, grounds for sentencing of sentence of imprisonment, and grounds for sentencing;

1. Victims who are vulnerable to crimes, committed during the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines, which is the special aggravation area (six months to three years of imprisonment) (the special aggravation of punishment) (the person subject to a special aggravation of punishment], and victims who are vulnerable to the crimes;

2. The crime of this case by which a sentence of sentence was rendered is deemed to have been committed by an elderly victim with serious injury requiring medical treatment for about 70 days, and the nature of the crime is not very good, and the defendant appears to have left the scene of this case without confirming the condition of the victim after the crime was committed, and the defendant has repaid the damage.

In light of the circumstances such as there are no circumstances to see, and the victim did not receive a letter from the injured party, and the injured party wants to punish the defendant, the sentence of imprisonment to the defendant is inevitable.

However, considering the fact that the defendant is recognized as committing a crime in this court and is against the defendant, the fact that the defendant has no particular criminal history is considered as favorable circumstances, and all of the sentencing conditions shown in the process of recording and changing the defendant's age, sex behavior, environment, motive and circumstance after committing a crime, etc.

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