beta
(영문) 창원지방법원 2016.05.12 2016노459

존속상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The Defendant’s injury was inflicted on the mother of the aged older than 90 years old, on two occasions. As a result, the victim suffered injury, such as brain-dead sugar with no open address in two weeks of the necessary 3 weeks, and the mouths of the bones of the 4th century closed right-hand 12, which is the right-hand right-hand right-hand right-hand right-hand right-hand side of the 4th century, and the degree of such injury is not easy, and the victim’s violence, etc. is deemed to have continued for a considerable period of time in light of the Defendant’

However, there are no criminal records other than sentenced to a fine of KRW 2.5 million due to the violation of Road Traffic Act in 1994, and a fine of KRW 500,000 due to violence in 2005. The father of the defendant, who is born with the victim, was born between him/her and his/her wife, and the defendant did not properly nurture him/her due to such circumstances. In light of the record of the judgment in this case, the victim was born with a bad family doctor, such as his/her divorce and suffering from economic difficulties. The result of the investigation before and after the judgment was presented, the victim sent the defendant's motive for the remaining life by expressing son's will through agreement, and the defendant's motive for the crime in this case was presented to the court before and after the trial.