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(영문) 춘천지방법원 강릉지원 2015.12.22 2015고단1319

존속상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. At around 06:40 on August 23, 2015, the Defendant suffered injury by the remaining injury: (a) expressed that the victim C (V, 64 years of age), the mother of the Defendant, was fluencing the Defendant at the victim, who was fluor, at the ward B B 339 of the East Sea, expressed that “C,” the Defendant, “C, fluoring the victim’s face, fluoring at least ten times,” and continued to take up the victim’s head, fluoring the victim’s head, fluoring the part of the victim’s body, and walking up twice, with approximately two weeks of the victim’s body, requiring approximately two-day medical treatment, and response to an acute stress that requires at least three months of treatment.

2. A special intimidation: (a) the Defendant assaulted the victim at the date, time, and place set forth in paragraph (1); (b) continuously threatened the victim with a mid-to-date wind (up to approximately 140 cm) in his/her ward; (c) was put on the floor; and (d) took a knife (up to approximately 18.5 cm in length), which is an object dangerous to the victim, and threatened the victim, and then threatened the victim, such as “bather”.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the complaint, written injury diagnosis, and photographic;

1. Relevant Articles 257(2) and (1) (the point of injury to a lineal ascendant) of the Criminal Act, and the choice of imprisonment with prison labor under Articles 284 and 283(1) of the Criminal Act for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment determined for the crime of injury resulting from heavy injury);

1. The scope of the recommended sentencing guidelines under Article 62(1) of the Act on the Suspension of Execution that there is no record of a crime exceeding the fine agreed with the victim while against the crime of sentencing under Article 62(1) of the Criminal Act. The scope of the recommended sentence [6 months of imprisonment - 2 years and 3 months: 6 months of imprisonment, which is the recommended sentence for a special intimidation that is a basic crime, 1 year and 6 months [the crime of violence, intimidation, four types, basic area (the victim who is not subject to a punishment, who is still in existence