logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2016.04.01 2016고단105
존속상해
Text

The punishment of the accused shall be determined by one year and six months.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 28, 2015, the Defendant, at around 22:00, inflicted an injury on the victim C (72 years of age) who is the father of the Defendant, by assaulting the victim C (72 years of age) and the half of the body of the body of the Defendant, who is his father, in the influence of alcohol at the Defendant’s house located in the north-gu, Seocheon-gu, 207 Dong 205, and committing an injury, such as cutting down the body of the victim C (72 years of age) and the body of the body of the Defendant, which is his father of the Defendant, for about six months.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographs at the time of hospitalization of the victimized person;

1. Investigation report (Attachment of a medical certificate to the victim C);

1. Application of statutes governing resident registration cards, family relation certificates;

1. Article 257 (2) and (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act ( considered favorable circumstances among the grounds for sentencing) of the suspended sentence;

1. Application of the sentencing guidelines [Types of Determination] - Class 1 (General Sentencing) (Special Sentencing) (Special Sentencing) (Special Sentencing Person): In the event that significant damage has been restored to the source of punishment (including serious efforts to recover damage) or significant damage; / In the case of severe injury (including serious effort to recover damage), the area of aggravation [the scope of recommendation] / 6 months to 2 years [the scope of recommendation] in the area of aggravation [the scope of recommendation] / 6 months to 3 years in the area of aggravation [the general sentencing person] - In the case of negative injury - the victim who has continued to exist, the occurrence of serious injury / where significant injury has occurred - the amount of punishment not subject to positive punishment (including serious efforts to recover damage] - The negative addiction to drugs or alcohol addiction / - the amount of positive contingent crimes, serious reflects, after the commission of the crime.

2. The above sentencing factors and reasons for consideration, the fact that the victim seems to have recovered from the harm earlier than the expected one (around three weeks discharge), the fact that the defendant has no record of criminal punishment since 1991, and the fact that the treatment of the non-quality mental disorder of the defendant suffering from the disease is expected to be advanced (a mental hospital at the present mental hospital).

arrow