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(영문) 서울북부지방법원 2013.08.29 2013고단1500

존속상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On June 20, 2013, 02:30 on June 20, 2013, the Defendant: (a) at the house of the Defendant (Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, 301 Dong 1513, her mother was hospitalized in a alcohol addiction treatment hospital; (b) fluencing the Defendant, her mother’s fluencing, and f7 years of age; (c) under the influence of alcohol, the Defendant threatened the excessive amount in the kitchen, while under the influence of alcohol, with the victim’s fluencing her part; (d) fluencing the victim’s head by pushing the victim’s head in the wall; (e) fluencing the victim’s head and head in the part of the victim; and (e) fluencing the victim’s head and head, the number and face of the victim’s stalk, and faced the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on written statements by prosecution concerning D;

1. Article 257 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend lectures;

1. 양형기준 [일반상해 형량기준] 특별감경 감경 기본 가중 특별가중 1월~1년 2월~1년 4월~1년6월 6월~2년 6월~3년 [특별양형인자] 가중요소(흉기 휴대, 존속인 피해자) > 감경요소(처벌불원) ⇒ 권고형량: 6월 ~ 2년 (가중영역) [일반양형인자] 감경요소(심신미약) [집행유예 여부] - 주요참작사유 : 긍정적(경미한 상해, 처벌불원) > 부정적(존속인 피해자) - 일반참작사유 : 부정적(알코올중독)

2. Conclusion: Imprisonment with prison labor for one year and six months, suspended execution for three years; probation and alcohol addiction treatment for 80 hours;