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(영문) 부산지방법원 동부지원 2015.05.13 2015고단378

존속상해등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a victim C(n, 60 years of age).

1. On August 9, 201, the Defendant had requested money from the victim, who is a lineal ascendant, in his/her residence in Busan-gun, Busan-gun, but made a call to the victim on the ground that the victim did not pay money.

As a result, the defendant suffered injuries, such as duplics, duplics, closeds, etc., which include two 22-day medical treatment for the victim, who is a lineal ascendant.

2. The Defendant habitually continuing assaulted, after committing the crime described in paragraph 1, has requested the victim to pay money, but if the intent is not achieved, it was committed by using violence to the victim about two weeks in a frequency of violence, such as making the victim drink by drinking sound and taking things.

A. On July 2014, at the place indicated in paragraph 1 of this Article, the Habman said that “the money is changed” and the knife knife in the kitchen was carried out by the victim’s knife and knife with knife and knife knife with the victim’s knife and knife knife with things in the surrounding area, and the victim’s kn

B. Around 17:00 on February 24, 2015, at the above place, the victim took a bath for the victim on the grounds that the victim did not pay money, and the victim took a brupt of the victim’s head, knife his/her head, knife his/her neck, knife his/her surrounding things, etc., and committed violence to the victim’s body.

Accordingly, the defendant habitually assaulted the victim who is a lineal ascendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to C, E, and F;

1. A written confirmation of hospitalization;

1. Habituality: Application of Acts and subordinate statutes recognizing dampness in light of the nature of the accused and the repeated behaviors of the same kind;

1. Relevant provisions of the Criminal Act and Articles 257(2) and (1) (the point of injury to a lineal ascendant), 264, 260(2) and (1) (the point of habitual violence) of the Criminal Act concerning the facts constituting an offense, and the choice of punishment, respectively;