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(영문) 수원지방법원 2018.08.07 2018고단3287
존속상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the child of the victim C (V, 68 years of age).

피고인은 2018. 4. 29. 20:45 경 용인시 처인구 D에 있는 피고인의 집에서 피해자가 방을 어지른 후 치우지 않는다는 이유로 화가 나 주먹으로 피해자의 얼굴을 2회 때리고 발로 피해자의 엉덩이를 1회 찼으며, 피해자가 집 근처 ‘OO 수퍼’ 로 도망 가 숨 자 피해자를 쫓아가 피해자의 뒷덜미를 잡고 위 가게 밖으로 끌어낸 다음 손바닥으로 피해자의 머리를 수회 때리고 발로 피해자의 가슴을 차 뒤로 넘어뜨렸다.

As a result, the defendant suffered injuries such as cage cages that require approximately four weeks of medical treatment to lineal ascendants and descendants.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs of the case, notification to the department reporting the 112-case case, investigation reports (victim status and transfer to a hospital), photographs of the victim, and photographs of the victim;

1. A criminal investigation report, investigative report (referring to the counter party to the witness E, and hearing of telephone statements);

1. Application of the Acts and subordinate statutes governing investigation reports (Attachment to records, etc. on the records, etc. of medical treatment of victims), records in the emergency center, and records;

1. Relevant Article 257 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 257 (2) and (1) of the same Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reason of sentencing in Article 62-2 of the Criminal Act on the observation of protection [the scope of recommendation] general injury (6 months to 2 years): The victim who continues to be punished and the victim who is vulnerable to the crime (decision of sentence] committed the crime of this case is not less than the nature of the crime that the defendant inflicted an injury on his mother by using violence in a non-discriminatory manner, the degree of the victim's injury is weak, and the degree of the victim's injury is not less minor, and the defendant has the history of receiving family protective disposition by using violence against his father and her sibling.

However, the defendant recognizes the crime of this case.

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