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(영문) 대구지방법원 상주지원 2019.09.03 2019고단237

존속상해

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant is a person who was sentenced to imprisonment with prison labor for one year and two months in the Daegu District Court resident support on June 12, 2018 and completed the execution of the sentence in the resident prison on June 11, 2019.

【Criminal Facts】

The Defendant had a complaint with the victim on the grounds that he was forced to be hospitalized into the Dental Hospital by his own and his own form C, who is a alcohol addict, and that he was given a sublime dry field only to the Defendant.

At around 22:00 on July 1, 2019, the defendant, at the home of the victim in E at the time of his stay on July 1, 2019, had the victim's head who was divingd in the inside bank three times as a drinking, and had approximately two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A written diagnosis of injury;

1. A photograph of each damage;

1. Previous convictions: References to criminal records and investigation reports (Attachment of repeated judgments) and applicable Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of recommendations according to the sentencing guidelines [decision of types] the general injury [Type 1] general injury (special person in a form): Reduction element: In cases of minor injury (type 1 and 4), non-conformity with punishment (including serious efforts to recover damage), or considerable partial damage, the aggravated element - Victims, victims who are vulnerable to the crime, victims who are vulnerable to the crime, victims of the same repeated crime [area of recommendations and scope of recommendations] special aggravation, six months to nine months of imprisonment;

2. The fact that the defendant's decision of sentencing reflects the error, that it is a minor injury, and that it has agreed to do so are favorable to the defendant.

However, the defendant assaults the mother who is 92 years of age and is 93 years of age at 1 year and 20 days after he was released from prison.