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(영문) 대전지방법원 2021.03.25 2020고단5044

특수존속폭행

Text

A defendant shall be punished by imprisonment for not less than eight 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 the child of the victim B ( South, 76 years old).

On August 8, 2020, the Defendant, at around 01:14, at the residence of the victim in the Dong-gu Daejeon-gu Daejeon-gu, Daejeon-gu, for the reason that the victim was dead, did not know about, and on the ground that the victim was dead, he would be imprisoned.

“Along with the fact that LPG gas valves was laid down in the main room, the said valves were not separated, the said valves attempted to cut the said valves by using a knife (10cm in length) which is a dangerous object in the scambling and attempted to cut the said valves, and the victim was pushed the victim into a scam, and “the scam and so on.”

Although a person who caused damage was living together with the defendant, the defendant continued to be living together with the victim, even if the victim was living together with the defendant.

In other words, the victim's defect that the victim tried to avoid to the toilet near the entrance, the defendant, while knifeing the knife with the back of the victim so that the knife would lead the victim, obstructed the front of the victim, and continued the knife with the victim, and fighting the body.

Accordingly, the defendant, carrying dangerous objects and assaulted the victim who is in existence.

Summary of Evidence

1. Application of each police statement protocol No. 112 to the defendant's partial statement No. 2 (Evidence List No. 3) to each police statement No. 112, and application of the statute of the victim's body photographic

1. Relevant Article of the Criminal Act and Articles 261, 260 (2) and 260 (1) of the Criminal Act concerning the selection of criminal facts (or choice of imprisonment);

1. The summary of the Defendant’s assertion as to the assertion of the Defendant and his/her defense counsel under Article 62(1) of the Criminal Act (a favorable circumstance among the grounds for sentencing as follows) does not constitute a threat to the victim by knife or knifeing a gas valve.

2. The victim, on behalf of the police, stated the same content as the facts charged, and immediately after the victim suffered the damage, the victim stated the same as the Defendant’s knife.

“The police officer taken photographs by showing the content of 112 declarations to the effect that “if the victim was a knife with a knife, the knife with a knife.”