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(영문) 서울남부지방법원 2017.05.19 2017고단975

특수상해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

The defendant is the father of the victim B (21) and is the father of the victim C (V, 60 years old) and is divorced in 2014.

On January 30, 2017, at around 17:30, the Defendant only talked with the victims due to the transfer of the Defendant’s resident registration at the address of the victims in the front of Gangseo-gu Seoul Metropolitan Government D on the street, and the victim B left two times the left head of the victim B due to the drinking water, which was a dangerous object that was caused by his/her hand on the ground that he/she she she she she she she she she she she she she she she she she she gets off five times the head of the victim B due to the drinking water in question, and the victim C she she she she she she her, thereby getting off four times the head of the victim C due to the above drinking water disease.

As a result, the defendant, carrying dangerous articles, assaults the victim B, and suffered bodily injury to the victim C, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. Application of Acts and subordinate statutes of the written diagnosis of injury to C;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special assault and choice of imprisonment with labor) concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act for observing the protection and observation (the crime of special injury under Article 258-2 of the Criminal Act shall not be set on the sentencing criteria);

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Special assaulting field (Scope of a recommended punishment) of 6 types of Assaulting Crime> (Habitual, Cumulative, Special Assaults) < Act No. 6 (Special Assaults) (4 months to 1 year and 2 months) of the mitigation area (special mitigation person) (limited to a person who has been specially mitigated);

B. The crime of special assault for which the sentencing guidelines are set and the special injury for which no sentencing guidelines are set are set shall constitute concurrent crimes under the former part of Article 37 of the Criminal Act, and the sentencing guidelines are set.