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(영문) 부산지방법원 2015.10.15 2015고단4335

폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is living together with the victim in the dwelling of the mother victim D(M, 68 years old) of the defendant in Busan-gu C's house A-dong 545.

On July 2, 2015, the Defendant: (a) around 18:45, at the victim’s residence, told the victim that “I want to enter the room and enjoy it,” and told “I am to the victim, she shall see whether I am, am, and am dead, she shall do so,” and (b) caused the victim’s loss to the victim’s left side one time by her hand, her hand, her cherbing a cherb, so that I am, and then her flick, she dump, which is a dangerous object, and she caused the victim’s injury on the days of treatment by her selling part of the victim.

As a result, the defendant injured the surviving victim by carrying dangerous things, and damaged the victim's stample glass.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Application of the investigation report (No. 3) Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 257 (2) and (1) of the Criminal Act (the occupation of continuing injury by using dangerous articles), and Article 366 of the Criminal Act (the occupation of causing damage to property and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is a type 1 (in the case of habitual injury, repeated injury, repeated crime, and special injury, the basic area (two to four years) [including special mitigation (including efforts to recover damage), punishment not (including serious effort to recover damage), or considerable damage] / In the case of a victim 2 crime (a person who continues to exist) [the scope of recommendation] general criteria.