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(영문) 인천지방법원 부천지원 2021.02.18 2020고단2548

특수존속상해등

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim B (ma, 70 years of age), the victim C (ma, 74 years of age) and the victim D (ma, 44 years of age).

The Defendant, on June 27, 2020, when he lacks the ability to discern things or make decisions due to Chopo-si, and around 13:00 on June 27, 2020, at the Defendant’s residence in Kimpo-si, Kimpo-si, Kimpo-si, his father, “I go to the head of Tong” from the victim B, who was his father, her father, was hicked, and the above victim was pushed down by hand, and the head of the victim D, who was a female student, was kept in the new place of residence, was cut off several times with iron bars ( length of 90cm, diameter 20cm, weight 3 km) that were dangerous articles kept in the new place of residence, and caused the injury to D such as open head of the unclaimed head and other parts of the victim’s body, who was the mother who committed such act by the Defendant, and caused the above injury to the victim by the number of days open to the two parties.

As a result, the Defendant assaulted the Victim B, who is his father, and carried dangerous things and inflicted injury on the Victim C and the Victim D, who is her mother, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D and B;

1. A protocol of seizure and a list of seizure;

1. Two copies, including a statement of opinion and a statement of intent of victim D;

1. Application of on-site photographs, on-site photographs of scientific investigation teams, and the Acts and subordinate statutes governing the victims' photographs;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 260(2) and (1) of the Criminal Act that prescribes the choice of punishment (the point of violence to continue to exist and the choice of imprisonment), Articles 258-2(1), 257(1) (the point of special injury) of the Criminal Act, Articles 258-2(1), 257(2) and 257(1) of the Criminal Act concerning the crime;

1. Reduction of mental and physical drugs: Article 10 (2) and Article 55 (1) 3 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing in Article 62-2 of the Criminal Act on the observation of protection.