beta
(영문) 수원지방법원 안양지원 2016.06.10 2016고단614

상습존속상해

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] On December 4, 2013, the Defendant was subject to the disposition of sending each home protection case by the above Ansan Branch on the grounds of violence committed by the violation of the Punishment of Violences, etc. Act (a collective deadly weapons, etc.), by the above Ansan Branch on March 9, 2015, by the above Ansan Branch on April 30, 2015, and by the above Ansan Branch on April 30, 2015.

[Criminal facts]

1. On March 29, 2016, the Defendant: (a) expressed the Defendant’s desire to take care of the Defendant’s home located in Ansan-gu C and 101, whose mother is the victim D (n, 50 years of age) who was his/her mother, only and was locked; and (b) took care of the victim’s face at 2-3 times by drinking, the Defendant took care of the victim’s face at 2-3 times; and (b) caused the victim to face the head on the floor while going beyond the floor, and caused the victim to suffer injury, such as the number of days of treatment, the parts and the pet and the string of the treatment days.

2. On April 13, 2016, the Defendant: (a) around 00:30 on April 13, 2016, on the ground that the victim was locked to the Defendant, and (b) on the ground that the victim was locked to the Defendant; (c) laid the victim’s neck on one hand; and (d) took the victim’s face on one hand.

Accordingly, the defendant habitually injured the surviving victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (as to the temporary revision of the crime)

1. Data of photograph (the color photograph of the upper part of the body);

1. Previous convictions in judgment: A response to inquiries, such as criminal history, report on investigation (formers and confirmations);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. The relevant Article of the Criminal Act and Articles 264, 257 (2) and 257 (1) of the Criminal Act ( comprehensively referred to as “the grounds for sentencing of imprisonment”) on the basis of sentencing;

1. Application of the sentencing guidelines [the type of determination] violent crimes, habitual injury, and repeated injury, special injury, and type 1 (Habitual injury, and special injury) (Special Sentencing) (Aggravated Sentencing) (Aggravated Sentencing) increased factors: Victims who continue to exist and mitigated factors: Penalty costs.