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(영문) 서울동부지방법원 2016.02.03 2015고단3815

존속상해

Text

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

Reasons

Punishment of the crime

At around 16:00 on December 12, 2015, the Defendant d and 201, when the Defendant and the victim living together with the Defendant around 16:0 on December 12, 2015, put the victim’s knife into the part of the victim’s head with his left hand so as to prevent the victim from suffering the victim’s knife’s knife with his hand, and stop knife his hand into the victim’s knife, and put the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Accordingly, the defendant injured his lineal ascendant or descendant victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing an injury photograph, opinion, and family relation certificate;

1. The pertinent Article of the Criminal Act and Articles 257(2) and (1) of the Criminal Act regarding criminal facts, the reasons for sentencing of sentence of imprisonment [the scope of recommended] general injury [the grounds for sentencing of sentence] general aggravation area (six months to three years), the victim who continues to exist in the special aggravation area (six months to three years), and the victim who is vulnerable to the crime [the decision of sentence] is in profoundly contradictory to the defendant.

그러나 장애 3 급인 고령의 노모에게 상해를 가한 것으로 죄질이 좋지 않은 점, 피해자는 5 바늘이나 꿰매는 등으로 상해가 가볍지 않은 점, 피해 자로부터 용서 받지 못한 점, 피고인은 폭력 전과가 다수 있는 점 등을 종합하여 주문과 같이 판결한다.