beta
(영문) 청주지방법원 2015.03.26 2015고단145

폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 2 shall be confiscated.

Reasons

Punishment of the crime

At around 23:00 on January 27, 2015, the Defendant, under the influence of liquor, requested the Defendant’s mother D (n, 84 years old) to pay money to the Defendant’s mother, her mother, her mother, and her mother. The Defendant, “I have been detained due to her, why you have no means to pay money,” and “I have no means to pay money to her mother,” and “I have no means to pay money,” and “I have no means to pay taxes to her mother,” and “I have no means to pay taxes to her mother.” The Defendant, using a iron stick, bus (60cm in total length, 36cm in her length), using a dangerous object, has a total number of telegraphs (60cm in length, 22cm in length, 12cm in length, 10cm in length, 160cm in length, and 160cm in length in length, depending on the victim who escaped from the room.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement made to D and E;

1. Police seizure records;

1. A written diagnosis;

1. Application of Acts and subordinate statutes to photographs at the scene of damage, photographs of the injured part of the victim, and investigation reports (exploring the injured part);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 257 (2) and (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The nature of the crime of using serious violence against the elderly's continued existence, which is vulnerable to the crime of sentencing under Article 48(1)1 of the Confiscation Criminal Act, is not good, and during that process, the crime was detained as a crime of using high risk, and was detained as a crime of using domestic violence several times, and was subject to a disposition ordering probation for six months from December 23, 2014. However, rather than being well aware of the victim, the victim was able to be placed at the start of probation and one month from the start of probation.