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(영문) 부산지방법원 서부지원 2020.02.06 2019고단355

존속폭행치상

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

At around 20:00 on October 1, 2018, the Defendant suffered injury, such as salt, tension, etc., in need of medical treatment for about 14 days, on the part of the victim's children C (nives, 87 years of age), and around 20:0 on the part of the victim's home located in the Da apartment apartment zone located in Busan Northern-gu, Busan, the Defendant's wife, and his mother, B and B were pushed together with the victim, and the Defendant was faced with the victim's wife B and the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and C;

1. The written diagnosis of injury (the defendant also recognized the fact that the defendant was physically living together with the defendant at an investigative agency that the defendant was pushedly living together with the defendant, and in light of the victim's written diagnosis of injury, the statement of the victim and B may be reliable, and the facts constituting the crime of this case may be acknowledged) shall be applied to the law.

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 262, 260 (2) and (1), and 257 (2) of the Criminal Act which choose the penalty;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The crime of this case on the grounds of sentencing of Article 32(1)1 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (the crime of injury resulting from violence by a lineal ascendant does not constitute an offense subject to application for compensation) is not likely to be a crime that the defendant makes the victim injured by her mother who is his/her her f

The victim was not able to receive any conviction from the victim.

The defendant has no power to be punished heavier than a fine.

The degree of injury suffered by the victim is relatively heavy.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.