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(영문) 수원지방법원 성남지원 2020.04.29 2020고단443

특수존속상해

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 11, 2020, at around 14:47, the Defendant brought a dispute over the family and religious issues with his father at the Defendant’s residence located in Gwangju-si, Gwangju-si, and threatened his family with excessive 20cm in length (10cm in total length) which is a dangerous object in the main room (10cm in length) that prevents the Defendant from leaving the Defendant out of the Defendant, and caused the above victim’s right shoulder, which prevents the Defendant from leaving the dwelling and leaving the workplace, one time the left part of the above victim’s right shoulder, the left part of the back part of the medical treatment days, and one time the case suffered injury, such as external shock in the treatment days, and the credit divers, etc.

Accordingly, the defendant carried dangerous objects and inflicted an injury on a lineal ascendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D, A, and C by the police;

1. Victims, on-site photographs, etc.;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report on investigation (Submission of a medical certificate for a victim);

1. Articles 258-2 (1) and 257 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Extent of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury [Type 1] Special injury (special person in a form of punishment] - mitigated element: In cases of relief of damage (including serious efforts to recover damage) or considerable damage: In cases of a victim who continues to exist [the scope of the recommended area and the recommended sentence] basic area, imprisonment for six months to two years [the scope of the recommended sentence corrected according to the sentencing guidelines], imprisonment for one year and two years (the lowest limit of the sentencing range recommended by the sentencing guidelines are inconsistent with the statutory minimum limit of the applicable sentencing range, so the minimum limit of the applicable sentencing range shall be set according to the law applicable sentencing range);

2. The crime of this case, which was determined to be sentenced, was committed by the Defendant on two occasions, and the risk was very high, and the result was significant due to the special injury in this case.

(b).