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(영문) 부산지방법원 2018.06.05 2018고단1004

존속상해등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal records] On February 13, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of bodily injury, etc. at the Busan District Court, and completed the execution of the above punishment on December 5, 2016.

[ 범죄사실] 피고인은 2018. 3. 7. 07:30 경 부산 북구 C에 있는 D 여관 202호 화장실에서 이전에 친 어머니인 피해자 E( 여, 80세) 을 때렸다가 피해자의 신고로 처벌 받은 일에 대해 불만을 품고 갑자기 물을 피해 자의 온몸에 쏟아붓고 주먹으로 피해자의 얼굴을 수회 때리고, 발로 피해자의 옆구리와 몸을 수회 찼다.

As a result, the defendant was injured by the victim who is 65 years of age or older with the interest on lineal ascendants and descendants, such as cage cage at the number of days of treatment.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Each police statement made to E and F;

1. Statement of opinion;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal history and personal confinement;

1. Relevant Article 257 (2) and (1) of the Criminal Act - Articles 55-2 and 39-9 (1) of the Welfare of the Aged Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] general aggravation area of Article 35 of the Criminal Act / [the scope of recommendation] The victim who continues to exist in the special aggravation area (six months to three years), motive for the crime (excluding four types), victim who is vulnerable to the crime [the decision of sentencing] committed the crime of this case when the defendant was sentenced to imprisonment due to the crime of bodily injury, etc. and again committed the crime of this case during the period of repeated crime after the defendant was sentenced to imprisonment due to the crime of bodily injury, family members want to be punished against the defendant, degree of injury suffered by the victim, motive and circumstance of the crime of this case, and criminal records of the defendant, etc. shall be determined as the order