(영문) 수원지방법원 평택지원 2016.06.17 2016고단651

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자간(%)

(영문) 수원지방법원 평택지원 2016.06.17 2016고단651

상해

Text

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

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

Reasons

Punishment of the crime

On February 12, 2016, the Defendant: (a) around 19:30, at the dwelling space of the victim E (the 64 years of age), the Defendant, the Defendant, at Pyeongtaek-si apartment 508 (the 508 years of age), suspected that the victim was out of the dwelling space; (b) there was a suspicion that the victim was about 10 times the head and face of the victim; (c) the victim was able to walk the victim’s head and face, and (d) the victim was able to walk the victim’s head and head, and (e) the victim was able to walk the victim’s head and head, and (e) the victim was able to request the victim’s help; and (e) the victim was b

As a result, the Defendant inflicted injury on the victim, such as inside the left side of the 28-day medical treatment, and the frame of internal walls.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for victims E;

1. Each injury diagnosis letter;

1. Application of each statute on photographs;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders and the observation of protection;

1. Determination of types: Type 2 of general injury crime group;

1. Special sentencing factors: Ineligible factors for punishment;

1. Scope of recommendations: Imprisonment for six months to one year and six months (the mitigated area of two types);

1. A suspended sentence: positive - No history of criminal punishment, and no penalty shall be imposed;

1. Determination on the sentencing criteria (determination of sentencing): The judgment shall be made as per the Disposition on the grounds that the circumstances mentioned above and the motive and circumstances leading to the crime, the circumstances after the crime, the criminal records, the age of the defendant, sexual conduct, intelligence, environment, etc. are not less than 8 months of imprisonment and 2 years of suspended sentence;

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제257조 제1항

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