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(영문) 부산지방법원 2016.09.23 2016고단4265

존속상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On May 29, 2013, the Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act (drinking driving) at the Busan District Court on January 26, 2014 and completed the execution of the sentence at the Busan Correctional Institution.

[2] On July 27, 2016, the Defendant: (a) 16:20 on July 27, 2016, after drinking alcohol out from the Defendant’s house located in the Busan Seo-gu, Busan Seo-gu, the Defendant: (b) went to the room again; (c) however, the Defendant was able to visit the room again; (d) misunderstanding the Defendant’s mother, thereby undermining the Defendant’s d (e.g., the Defendant’s mother, and 78 years old; and (d)

“The victim’s body part was boomed up to the floor of the victim’s body one time with both hands, and the victim was humbrypted with approximately two weeks of treatment, but her mar, her mar, and her mar.

Accordingly, the defendant injured a lineal ascendant victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made with D;

1. A criminal investigation report (in cases of site conditions, etc. and attaching a list of reported cases, etc.);

1. Previous convictions of damaged photographs and diagnostic reports: Application of Acts and subordinate statutes, such as inquiry about criminal history;

1. Article 257 (2) and (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] General Injury (Aggravated Punishment) / [Aggravated Punishment (Aggravated Punishment (Aggravated Punishment) from April to January 6), the basic area (Aggravated Punishment (Aggravated Punishment) / In the case of minor injury (aggravated Punishment) / Aggravated Punishment (including a serious effort to recover damage), the victim who is still in existence, and the motive for the crime (excluding type 4) / Although a sentence is not a crime of the same kind, the defendant is a crime during the period of repeated crime; the defendant has already been punished three times or more due to violence against a lineal victim who is a lineal ascendant or descendant, and the defendant has been sentenced to a suspended sentence in April 202 and year 2006 and has been sentenced to a imprisonment for one year in 2010.

And even in 2015, it was detained by violence.