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(영문) 서울중앙지방법원 2017.07.05 2017고단3315

존속상해등

Text

A defendant shall be punished by imprisonment for one year.

However, 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

1. On November 2016, the Defendant: (a) around the same day, the third floor victim D (76 years old) of the building located in Jung-gu Seoul Metropolitan Government, and (b) at the residence of the third floor victim D (76 years old); (c) under the influence of alcohol and the Defendant’s father, the victim, who was his father, fladddled with TV, frighted the victim with a view to sounding the victim; and (d) flading the victim’s eye, flading the victim’s eye, and flading the victim’s eye, and flading

2. On May 7, 2017, from around 01:00 to around 12:00 of the same day, the Defendant drinks alcoholic beverages at the place prescribed in paragraph 1 for about 11 hours from around 01:00 to around 11:00 of the same day, and the victim enters the inside and out of the inside, thereby causing the victim’s losses.

The police taken measures to receive medical treatment instead of punishment, and why they sent to the mental hospital.

“The mother who is in accordance with “,” shall also fall to E, and the width shall be the same as that.

Dr. The same protocol is organized by the police station of the Do and becomes such protocol.

"Along with one hand, the victim's necked and pusheded the victim's neck, and the victim's necked the victim's neck for about one minute by hand, and the victim strokeed the victim's neck on the number of days of treatment.

As a result, the defendant inflicted each injury on a lineal ascendant or descendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E, D, and F;

1. Article 257 (2) and (1) of the Criminal Act and Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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 provided for in Articles 62-2 (1) and 62-2 (2) of the Criminal Act for protection observation and attendance order;

1. The scope of punishment by law: Imprisonment with prison labor for one month and 15 years;

2. Application of the sentencing criteria;

(a) Determination of types: One type (general bodily injury) of general injury to violent crime>

B. Special sentencing factors: [Mitigation factors] of punishment. [Aggravated factor]