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(영문) 의정부지방법원 2015.06.15 2015고단404

존속상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 1, 2015, at around 23:00, the Defendant: (a) returned home to the Defendant and the victim D (the age of 68) who was the Defendant and his her her son, the Defendant got home to drink and late to the Defendant; (b) caused an injury on cerebrovascular in which the period of treatment cannot be known to the Defendant.

Accordingly, the defendant injured a lineal ascendant victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (as for the progress of the victim's treatment, etc.), investigation report (as for the progress of the victim's operation, etc.), investigation report (as for the progress of the victim's operation, etc.), investigation report (as for the progress of the victim's treatment), investigation report (as for the progress of the victim's treatment), investigation report (as for the progress of the victim's treatment);

1. Statement of opinion;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

1. Relevant Article 257 (2) and (1) of the Criminal Act and Article 257 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. The reason for sentencing in Article 62-2 of the Criminal Act on probation and order to attend a lecture [the range of recommending punishment] under the category 1 (6-2) and the aggravated area (6-2) (including special mitigation) (6-2) of the Act on the Aggravated Punishment (including serious effort to recover damage) or considerable damage, the victim who continues to exist [Pronouncement] shall be sentenced to imprisonment for one year, 2 years of suspended sentence, 40 hours of probation, and 40 hours of domestic violence therapy, etc. In light of the fact that the victim suffers serious injury to the degree that he would undergo brain surgery, it is deemed that serious punishment is necessary for the defendant. However, the defendant recognized the fact that the defendant committed the crime of this case under the influence of alcohol, and that the defendant appears to have committed the crime of this case by accident, and that the defendant voluntarily reported the victim and sent the victim to the hospital after the surgery.