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(영문) 인천지방법원 2020.10.15 2020고단1489

존속상해

Text

A defendant shall be punished by imprisonment for not more than ten 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 the children of victims B(74 years of age).

At around 23:30 on January 5, 2020, the Defendant: (a) sent electricity plates from the victim’s residence in the Namdong-gu Incheon Metropolitan City; (b) sent the victim’s face to the victim by drinking fin-gu; (c) opened the victim’s chest and boat several times; (d) opened the victim’s body on the part of the victim’s body used on the living room; and (e) placed the victim’s body on the part of the victim’s body used on the living room; and (e) carried the victim’s body body with tamp and body, and carried out an injury, such as the diversification of cage fat at least six weeks of treatment.

Accordingly, the defendant injured the victim who is a lineal ascendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement made by the police with regard to B and D, an injury diagnosis certificate, and a copy of medical records;

1. Application of the Acts and subordinate statutes on report of occurrence and internal investigation;

1. Relevant Article 257 (2) and (1) of the Criminal Act and Article 257 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines for violent crimes: General injury [Type 1] general injury (including a special person who has been sentenced to punishment): Reduction element: Where a person who has been in existence is not subject to punishment (including serious efforts to recover damage) or has recovered from considerable damage, the factors of aggravation: The basic area of the victim who has been in existence [the scope of recommendation area and recommendation range], April through June.

3. The crime of this case, which was decided upon the sentence of sentence, was committed by the defendant without any particular reason, and was committed by the defendant, such as a cage cage cage, which requires treatment for about six weeks in consideration of the content of the crime, with heavy liability for the crime, and the circumstance and contents of the defendant's assault are not good, and the degree of the victim's injury is considerably heavy, and thus disadvantageous to the defendant.