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(영문) 인천지방법원 2018.11.15 2018고단5494

존속폭행

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 C (V, 62 years of age).

On May 26, 2018, the Defendant: (a) around 21:40, at the residence of the Defendant, 18-dong 301, Nam-gu, Incheon Metropolitan City D apartment house 18-dong 301; (b) while the Defendant was faced with the victim’s vision on the ground that the Defendant did not divide the Plaintiff’s father’s miscarriage into the part of the deceased father, the Defendant was able to take the victim’s seat and face toward the sofa, by hand, and when the victim’s head and face were met by drinking, the Defendant was fashed outside the victim’s body with the victim’s hand from the above apartment corridor; and (c) the victim was fashed with the victim’s face and face by drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 260 (2) and (1) of the Criminal Act and Article 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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. Article 62-2 of the Criminal Act, Article 44-2, and Article 2-3 subparag. 2 of the Medical Care and Custody Act [Article 62-2 of the Criminal Act, Article 44-2, and Article 2-3 of the Medical Care and Custody Act [Article 62-2 of the Criminal Act, the background and content of the instant crime by the Defendant, and the Defendant appears to have drinking 5 to 6 illness each day, and the Defendant’s drinking in this

In full view of the statement, the fact that the defendant was found to fall under alcohol addiction requiring professional hospitalization as a result of the pre-examination of alcohol use disorder, etc. (12 pages prior to the judgment), etc., there is a habitive wall that the defendant consumes alcohol.

The reason for sentencing is [the danger of recidivism and the need to receive treatment] The reason for sentencing [the scope of recommended punishment] / [the scope of assault crime / [the range of April - 1 year and six months] / the victim who continues to exist (the person subject to special aggravated punishment] 6 months of imprisonment, the growth environment of the defendant for 2 years of suspended execution, the relationship and appraisal between the defendant and the victim.