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(영문) 수원지방법원 2020.10.07 2020고단5009

존속폭행치상등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. On July 5, 2020, the Defendant damaged the property by means of gathering the victim’s house at the victim’s home at the residence of the mother in Suwon-si B and the first floor in Suwon-si, Suwon-si, 15:50 on July 5, 2020, but the victim refused it, and then the victim was found to refuse it.

2. The Defendant injured the victim of a violence was suffering from the injury of which the victim was unable to know the number of days of treatment because the e-mail, which was affected by the wall at the time and place mentioned in paragraph (1), was kept in the vicinity of the victim.

Summary of Evidence

1. Application of the defendant's legal statement, investigation report (e.g., the current state of appearance), C's written statements, and statutes governing damaged photographs;

1. Relevant Article of the Criminal Act, Articles 262, 260 (2) and (1), 257 (2) of the Criminal Act (the point of causing violence to a lineal ascendant), Article 366 of the Criminal Act, and the choice of imprisonment for a crime;

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 total of the long-term punishments for each crime);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 (1) of the Act on Probation, etc.;

1. Scope of applicable sentences under law: One to thirteen years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Decision on Punishment of Violence) (Decision on Punishment of Violence) Violence: [Type 2] The basic area of the injury or injury [the scope of the recommended area and the punishment of recommendations] by assault, the basic area of imprisonment with prison labor for not less than four months and two years;

(b) Second crimes (determination of types) destruction and damage [Article 1] destruction, damage, etc. of property [Article 1] Basic Field, Imprisonment with labor for April through October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than four months from two years to five months (the upper limit of crimes No. 1).

3. The defendant who has rendered the sentence of sentence is mother; and