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부산지방법원 2020.07.22 2020고단1134

존속상해

Text

Defendant

A A shall be punished by a fine of two million won and by imprisonment of six months for each of the defendants B.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A (Nam, 47 years of age) and Defendant B (Nam, 75 years of age) are relationship between fraud and head, and Defendant A is currently proceeding with Defendant B’s wife C and divorce.

1. Defendant A around 23:00 on February 5, 2020, at the residence of the victim Eul of the Busan Jin-gu D Housing E, and at around 23:0, the victim got out of the enclosed floor that the victim could not enter the Defendant.

As a result, the defendant suffered injury to the victim, who is a lineal ascendant of the spouse, such as salt, tension, etc. in need of medical treatment for about two weeks.

2. Defendant B: (a) around 00:15, on February 6, 2020, the victim divided the victim’s talks about divorce with the victim A in the above residence; (b) the victim said, “heat as law,” and the victim got off from the victim’s face by the fraud scam, which was placed on the part of the beds.

In this respect, the Defendant used scam, which is a dangerous thing, to put up an open prize to the victim requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement related to A and B;

1. Application of each medical certificate and machine/mail photographs by one Act and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 257(2) and (1) of the Criminal Act; selection of fines

B. Defendant B: Articles 258-2(1) and 257(1) of the Criminal Act

1. Discretionary mitigation (Defendant B) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act (Defendant A) is divided into each of the Defendants with reason for the sentencing of Article 334(1) of the Criminal Procedure Act, and the degree of damage is relatively minor and some of the motive and circumstance of the crime may be considered. The Defendants have no significant penalty power, and there is no significant penalty power, and the Defendants’ respective ages, character and behavior, environment, circumstances after the crime, etc. are considered.