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(영문) 광주지방법원 2017.06.02 2017고단719

존속상해

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2016. 7. 9. 17:00 경 광주 광산구 우산로 17에 있는 하 남제 7공원 내에서 아버지인 C(74 세 )에게 돈을 달라고 요구하며 욕설을 하다 피해자가 이를 피하며 뒷걸음질 치다 넘어지자 넘어진 피해자의 머리를 주먹으로 1회 때리고, 가슴, 등, 옆구리, 다리 등을 발로 수회 걷어찼다.

As a result, the defendant, who is a lineal ascendant, had been sufferings of 1 cage cage fages other than 1 cage cages that require four weeks of medical treatment to the lineal ascendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the Acts and subordinate statutes of photographic document of the police statement report to C;

1. Article 257 (2) and (1) of the Criminal Act applicable to the facts constituting an offense.

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing guidelines [Scope of Recommendation] General In the case where the aggravated area (six months to two years) (special mitigation (including serious efforts to recover damage) or considerable damage is recovered, the sentencing guidelines shall be determined as ordered in full view of all the conditions of sentencing as shown in the records, such as the following circumstances and the defendant's age, sexual behavior, environment, circumstances before and after the instant crime, and circumstances before and after the instant crime.

In light of the method of assault in this case, such as assaulting a victim who was his father, the degree of injury is unfeasible, taking out the victim with his birth, etc., the circumstances in which the crime is unfasible: The victim does not want to be punished against the defendant. The defendant suffered from mental illness for a long time, and the instant case also seems to have been affected by its violent inclinations.