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(영문) 의정부지방법원 2016.07.01 2015고단4871
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who lives in the house C (n, 77 years of age) and some of the victims, etc., and the victim was dissatisfied with the fact that the defendant was unable to easily lock and walk the water supply, and the victim was dissatisfied with the fact that there was a lot of complaints about the water supply.

On September 28, 2015, the Defendant, at around 21:55, came to know of the Defendant’s appearance from the Defendant’s office before the Defendant’s house without locking the tap, she tried to listen to the mastane of “water supply d........” Sheetly cut off the victim’s chest, so that the victim’s chest is unfolded by both hands, so that the victim was pushed over the floor so far, and then tightly cut down the victim’s chest, thereby leaving the victim over the floor for about eight weeks.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Images of on-site photographs;

1. The written diagnosis (the defendant asserts that there is no scam or harming the victim. However, the witness D's legal statement is reliable in light of the witness E's legal statement, the on-site photograph image, and the written diagnosis. In full view of the above evidence, it is recognized that the defendant inflicted an injury by harming the victim as stated in its reasoning.

Therefore, Defendant’s assertion is without merit.

Application of Statutes

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of applicable sentences under the law] [the scope of applicable sentences under the law] Imprisonment with prison labor for not more than seven years [the type of judgment] Type 1 (general injury) of the general injury among the violent crime group [the person subject to special sentencing] aggravated factors: serious injury (the person whose victim is aged and who is under special age and is vulnerable to the crime) may constitute "victims who are vulnerable to the crime."

However, even though the degree of assault by the defendant was not much serious, the occurrence of serious injury to the victim is that the victim was old.

Therefore, it is necessary to include “victims vulnerable to crimes” in addition to “serious injury” as a special aggravation.

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