beta
(영문) 서울남부지방법원 2014.05.28 2014고단1088

존속상해

Text

A defendant shall be punished by imprisonment for seven years.

Reasons

Punishment of the crime

On November 26, 2013, at around 11:20 on November 26, 2013, the Defendant used a drinking and fry to inflict bodily injury on the victim's face and chest, frying the number of treatment days of the vehicle, fry, etc. on the ground that the victim D (80 years of age) who was put at the defendant's residence in Gangseo-gu Seoul Metropolitan Government's Gangseo-gu's Gangseo apartment did not make a fry money.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to medical certificates and medical records copies;

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

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of recommended sentences according to the sentencing guidelines [type of crime] shall be limited to the general injury (special aggravation) resulting from violence, the victim who is in existence, the motive to criticize, and the victim vulnerable to the crime (the scope of recommended sentences] who are serious injury, the victim of the crime, and the victim vulnerable to the crime (the scope of recommended sentences] to six months through three years (the special aggravation exists in a case falling under the heavy area and there are two or more special

2. The Defendant appears to have committed the instant crime at present while making a confession of the instant crime, and had the history of receiving treatment with alcohol addiction for a long time, and appears to have been drinking even at the time of the instant crime. However, the instant crime was committed by the Defendant, by assaulting the victim himself/herself, and committing a crymorry or strekeing strekes, whose degree of injury is significant, and the victim died due to the Hemal heart disease on December 13, 2013, when hospitalized treatment was conducted due to the instant crime. Even if the instant crime was not a direct private person of the victim’s death, the possibility of contributing to the said part of the death cannot be ruled out (written autopsy examination). At the time of the instant crime, the victim, who was a victim of the instant case, who was flading in a state of inconvenience due to flachiing, such as brain fladation and livering, etc., was a victim of the instant crime.