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(영문) 의정부지방법원 2015.08.04 2015고단2130
존속상해
Text

A defendant shall be punished by imprisonment for six months.

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

The defendants are children of victims C(67 years of age).

On June 8, 2015, at around 16:10 on June 16:10, 2015, the Defendant heard sound from the Defendant’s house located in Gyeonggi-gun D, an Gyeonggi-do, his mother, and her mother, and sought the Defendant’s reasoning, but the victim rather took a bath for her sound, she was able to see about four times the Defendant’s left arms in front of the house, and she got off about 2-3 weeks of the Defendant’s shoulder and arms, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (as to means of violence):

1. Report of investigation (as to the father of violence)

1. Statement of opinion;

1. Application of Acts and subordinate statutes to investigation reports (to hear statements from victims C and witnesses E);

1. Article 257(2) and (1) of the Criminal Act applicable to the relevant criminal facts and Article 257(2) of the option of punishment [to choose imprisonment with prison labor, taking into account the fact that the Defendant committed the instant crime even though a home protection case was in progress under the jurisdiction of the District Court 2015B6, by causing injury to the victim and mother E on January 19, 2015];

1. Article 62 (1) of the Criminal Act on the Suspension of Execution [the execution shall be postponed by taking into account the fact that there is no past history of punishment for a defendant, the victim does not want the punishment for a defendant, the fact that the victim's horse is faced with the victim, the fact that the crime of this case appears to have been committed with the victim, the fact that the defendant could have sufficiently been given an opportunity to care through confinement life during the two months, the fact that the victim suffers from mental illness, and other circumstances of the defendant's age, character and behavior, family environment

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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