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(영문) 춘천지방법원 강릉지원 2014.04.25 2013고단524

존속상해등

Text

A defendant shall be punished by imprisonment for six months.

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

The defendants are children of victims C (70 years of age) with no specific occupation.

1. On January 28, 2012, the Defendant sustained injury on the part of the Defendant on January 28, 2012, when 22:40 of the victim’s house located in Gangnam-si D, opened a door-to-door door in which the victim was living at the time of the Defendant, and she saw the victim as his/her hand while taking the victim’s bath, and bread the victim’s breath by spathing breath, and breathing the victim’s face by drinking, the Defendant sustained injury, such as the snow around the snow, etc. requiring approximately two weeks of treatment to the victim.

Accordingly, the defendant injured the surviving victim.

2. Around December 18, 2012, the Defendant sustained injury on the part of December 18, 2012, in the victim’s home, she spared the victim with his/her head over several times, without any justifiable reason, while drinking at the victim’s home on December 18, 2012, and inflicted injury on the victim, such as brain sins, requiring approximately two weeks of treatment on his/her head.

Accordingly, the defendant injured the surviving victim.

3. On April 21, 2013, the Defendant continued to assault the victim on April 21, 2013, around 13:50 on April 21, 2013, at the victim’s above house, when the Defendant 4 times the victim’s chests the Defendant’s chest because it was satisfying that the Defendant left the Defendant’s eggs.

Accordingly, the defendant assaulted the surviving victim.

Summary of Evidence

1. C’s statement of a witness in the fifth trial record;

1. A statement of opinion (investigative records, one right 13 pages), a medical certificate, a opinion of opinion (investigative records, two right 8 pages), a statement of medical care benefits, and a medical feet;

1. Certified copy of resident registration and family relation certificate;

1. Application of violence-related photographs and Acts and subordinate statutes on injuries;

1. Relevant provisions of the Criminal Act and Articles 257 (2) and (1) of the Criminal Act (the point of injury to a lineal ascendant and the choice of imprisonment), and Article 260 (1) of the Criminal Act (the point of violence to a lineal ascendant and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62-2 (1) and (2) of the Criminal Act on Probation;