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(영문) 서울동부지방법원 2019.05.15 2019고단376

특수존속상해

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is pro-child of the victim B (n, 85 years of age).

On February 4, 2019, at around 00:10 on February 4, 2019, the Defendant drinking alcohol at the victim’s residence located in Seongdong-gu Seoul building C, Seongdong-gu, Seoul, stating that the victim “Isn't know why?h?h?h?h?h?h?h?h?h?h?h?h?h?h?, the victim’s face can be collected, and the victim’s face can be considered.

As a result, the defendant carried dangerous things and inflicted bodily injury on the victim, who is a lineal ascendant, such as inside and outside of the treatment days.

Summary of Evidence

1. Each legal statement of witness E and F;

1. The prosecutor's statement concerning the F;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the victim's body and body, and photographs of seized articles;

1. Determination as to the assertion of the accused and the defense counsel under Articles 258-2(1) and 257(2) and (1) of the Criminal Act concerning the relevant criminal facts

1. The defendant asserts that the defendant did not commit any harm by assaulting the victim.

2. Each legal statement of E, F, to the effect that it conforms to the facts of the judgment, is specific and consistent with the contents of the statement, and its credibility is sufficiently recognized as consistent with the E’s upper part of the body immediately after the instant case.

In full view of these statements and the evidence presented above, the defendant's above assertion is without merit, since it is sufficiently recognized that the defendant committed a crime of bodily injury resulting from a special existence as stated in the facts of crime.

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. The range of recommendations according to the sentencing guidelines (decision of types of punishment) of punishment for special injury, repeated injury, and aggravated factors (special injury): Victims who continue to exist, victims who are vulnerable to crimes (the scope of recommendations) and victims (the scope of recommendations) who are vulnerable to the crimes: One year to three years.

3. Circumstances that are disadvantageous to the decision of sentence: the criminal defendant in this case.