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(영문) 서울남부지방법원 2016.04.01 2016고단90
상해
Text

A defendant shall be punished by imprisonment for four 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

While the Defendant lacks the ability to discern things or make decisions due to mental disorders, the Defendant, around December 7, 2015, at around 11:30, had a residential door of the neighboring victim D (Woo, 87 years old) in front of the Gangseo-gu Seoul Metropolitan Government apartment house 907, and had “the police have been located outside of the house,” without any justifiable reason, saying, the Defendant said that “the victim would have come out of the house so that he would not pay three million won or less.” However, the Defendant got out of the part of the victim, who was unable to give money, and went out of the part of the victim so that the victim could not receive money, and caused injury to the victim, such as the mouths, e.g., the lower part of the mouths and the mouths in need of eight-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes on site 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 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences under law: Imprisonment for one month to three years; and

2. Scope of the recommended punishment according to the sentencing guidelines [types] of general injury (type 1): Reduction factors of physical and mental weakness (no one is responsible for him/her), and aggravation factors: Victims vulnerable to the crime (the territory of recommendations and the scope of the recommended punishment), basic area of the victim who is vulnerable to the crime (the scope of the recommended punishment), April to one year and six months (the person who is in general sentencing): Serious reflection.

3. Reasons for a suspended sentence [major reasons for a suspended sentence] negative: A victim who is vulnerable to a crime, a positive case: Where the attitude of crime is insignificant (general reasons): There is no effort to recover negative damage, positive: There is no serious reflect, or there is no criminal conviction or heavier than a suspended sentence.

4. In this case, the sentence of sentence is that the defendant inflicted an injury upon the victim who is older than 87 years old and thus requires approximately 8 weeks of treatment.

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