(영문) 창원지방법원 진주지원 2017.01.11 2016고단1007

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(영문) 창원지방법원 진주지원 2017.01.11 2016고단1007

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 18:30 on July 28, 2016, the Defendant found the Defendant’s residence of the victim D(86) who is a dead-level water located in the Namnam-gun, Namnam-gun, Seoul. The Defendant, despite having the Defendant’s child, was her child, and the Defendant was her child, followed the Defendant’s her child, and did not her own consciousness, and was her part of the Defendant’s left hand in the Defendant’s entrance, and the victim was her shouldered with the said finger, her hair, the victim’s head knife the Defendant’s knife, and then her face was her fingered with the victim’s knife’s knife, so that the victim was her knifeed with the knife’s knife’s knife, so that the victim was her knifeed with approximately three weeks’s knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

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

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

1. In light of the fact that the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution does not mean that the defendant inflicts bodily injury on an elderly victim, and that the degree of such injury is not minor, a punishment is to be determined as ordered by taking into account various sentencing conditions that are favorable to the defendant, such as the fact that the defendant reflects his/her crime, that the defendant unilaterally does not appear to have used violence against the victim, that the defendant unilaterally deposited the money by the defendant, that the defendant did not have the same criminal history, and that there was only the penalty of 20,000 won due to insult in around 1978, and that there are only the punishment history of the defendant due to insult, such as the defendant's age, sexual behavior, etc.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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