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(영문) 대구지방법원서부지원 2020.11.13 2020고단366

존속상해

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

except that 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

At around 16:00 on November 22, 2019, the Defendant, at the house of the Victim D (Woo, 80 years old), the mother of the Defendant in Seo-gu building C, Seogu, Daegu building C, that the Defendant did not notify the victim of the payment of the compensation for the land even after receiving the compensation for the land. However, the Defendant expressed the victim’s desire to read “I would go to our school, I would like to know that I would have to go to our school, and that I would have to see, I would like to see, I would like to see, in his hand, the victim’s head collection, wals, and that I would like to see, and that I would like to assault the victim’s face part by drinking.

The Defendant continued to inflict an injury on the victim, such as an external climatic propopia, visual propopia, visual propopia, and calopia, where the victim had no open two wounds requiring treatment for about 8 weeks due to other food, after putting the victim's head head fright, and flaping the victim's face by hand, and stroke the victim's face.

Accordingly, the defendant injured the surviving victim.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused's legal statement D, the accused's written accusation of each police prosecutor's statement report (the counter-investigation of the victim's custody), the investigation report (the counter-investigation of the victim's children), the investigation report (the investigation of the victim's current health status), and the investigation report (the investigation of the victim's wife'

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

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. Determination of sentence: The method of committing the instant crime;