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(영문) 청주지방법원 충주지원 2014.10.16 2014고합50

존속폭행등

Text

A defendant shall be punished by imprisonment for one year.

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 defendant is the victim C(D), and the mother (i.e., the wife of the victim) who suffered from the victim of peace suffers from disease and the conflict with the victim was deepened due to monetary problems.

1. On January 2012, the Defendant continued to commit violence: (a) in the victim’s house located in Chungcheongbuk-gun E, on the ground that the victim desires the mother of the Defendant; (b) in both hands, he saw the victim’s booms over the bed; and (c) strokes the victim’s neck by pushing the victim’s boom.

Accordingly, the defendant assaulted the surviving victim.

2. On February 2, 2014, when the mother suffers from sick, and died on February 2, 2014, the Defendant visited the said victim’s house to discuss the problem of her being able to make payment of mixed child at around 16:00 on February 27, 2014.

The Defendant, even though her mother was dead, was living together with a woman in her house as a nursing, and was living in a dispute with the victim. While her mother was her mother, the Defendant detained the victim in a small room by combining his her son’s son with his son, but the victim was tightly her son, again her son’s son’s son, and her son’s son’s son, walking the victim’s son’s son, walking the victim’s son on a hand, her son back his son, her son back his son, her son back his son, cut off the victim’s son, cut down the victim’s knife with a multi-tick line, and her knife the victim’s knife son, and detained the victim for about 3 hours and 50 minutes in front of the door.

As a result, the defendant detained the surviving victim and caused the victim to suffer injury, such as a cage at the right 9, which requires treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes to the family relation certificate, entrustment certificate and medical certificate;

1. Article 260(2) and (1) of the Criminal Act (the point of violence to a lineal ascendant and the choice of imprisonment), the main sentence of Article 281(2) and Article 276 of the Criminal Act concerning the crime;