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(영문) 창원지방법원 2018.08.29 2018고단941

존속폭행

Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

The defendant is a victim B (67) child of the victim B (67).

On April 20, 2018, the Defendant’s house located in C at the window of Changwon-si, Changwon-si on April 20, 2018, and “Is without permission to throw away the site” from the injured party.

When he listens to the brine of "," he saw the brine of the victim at least four times with both hand.

Accordingly, the defendant assaulted the victim who is a lineal ascendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 260 (2) and 260 (1) of the Criminal Act concerning the selection of punishment (Punishment of imprisonment);

1. Persons subject to special sentencing guidelines in the period of suspension of execution, protection observation, and sentencing guidelines in Articles 62(1) and 62-2 of the Criminal Act: A person subject to special sentencing in 1 month or month of general assault, the basis of the mitigation of types of crimes, between August and April 10 to January 1: A person subject to general sentencing in the basic area (from February to October): A person subject to general sentencing in the basic area (from February to October): Imprisonment with prison labor in 10 months: Imprisonment with prison labor in 6/ suspended sentence, 2 years of probation, 3 reasons for the aggravation of protection: No person subject to special punishment: A confession, first offender, mental and medical treatment, need for protective care, etc.;