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(영문) 창원지방법원 거창지원 2019.07.17 2018고단208
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 16:50 on July 17, 2018, at around 16:50, the Defendant discovered C with a good reputation and displayed it, but C avoided it, and the victim D (the age of 82) who followed C was frighted by the victim, who was fright back, was frightd to fright the face of the victim, and was frightd to fright the victim's chest, and had continued to fright the victim's chest, and had the victim's chest 84 days for medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

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

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Application of the sentencing guidelines (determination of types), violence crimes, general injury, general injury, general injury (special injury) category 1 (special injury): Heavy injury, victim mitigation factors vulnerable to crime: In the area of aggravation of punishment [the scope of decision on the recommended area and of balancing of recommendations] increased area, six months to two years and six months; and

2. The sentence shall be determined as ordered in consideration of the following circumstances and the defendant's age, character and conduct, environment, background, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The circumstances in which elderly victims suffered serious injuries due to the crime of this case: the defendant recognized his mistake and reflects his decision-making capacity; the defendant appears to have committed the crime under the condition of somewhat lowered decision-making capacity due to the act of this case; the fact that the defendant agreed with the victim; and the defendant is the first offender.

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