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(영문) 대전지방법원 홍성지원 2017.11.28 2017고단697

존속폭행치상등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[criminal record] On April 8, 2014, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) at the Daejeon District Court, and the judgment became final and conclusive on April 16, 2014. On February 4, 2016, the sentence of the above suspended sentence was revoked, and the parole period was expired on June 30, 2016, and was released from Daejeon Prison on July 23, 2016.

[Criminal facts] The victim C (V, 92 years old) is the mother of the defendant, and the victim D (V, 65 years old) is the number of the defendant's punishment.

The defendant was suffering from economic difficulties while living in a old age, and was willing to get help by threatening the victims.

1. A special intimidation or special intimidation on September 21, 2017. A around 18:09, the Defendant seems to come up with approximately 1.8 liters and rabs, which are dangerous objects in the victim C and the victim D’s residence, and discarded this house to the victims.

The horses will be discarded if they come to the end of time.

“At the same time, the victims were frightened, showing the same attitude that they did not take into account their demands.”

After all, the defendant carried dangerous objects and threatened the victim C, who is a lineal ascendant and descendant.

2. The injured party injured by assaulting the victim was faced with the part of the body of the victim C, which caused the victim to be pushed by hand, and the victim was faced with the part of the body of the wall at the same time and place.

In the end, the defendant assaulted the victim who is a lineal ascendant and descendant and suffered injury to the victim, such as cerebral leins without an open room in the head requiring two weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. A written diagnosis of injury;

1. On-site photographs and photographs used for a crime committed by the person under consideration;

1. A previous conviction: A written inquiry, such as criminal history, shall be made;