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(영문) 대구지방법원 상주지원 2014.06.24 2014고단165
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속폭행)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

In September 26, 2013, from around October 17, 2013 to around October 2017, the Defendant had a record of being hospitalized in the C Hospital located in Ansan-si with a editoric mental fission, and the victim D (the age of 83) who is the mother of Pyeongtaek-si Defendant was sexually abused and abused the Defendant by injecting drugs with an injecting machine to the Defendant, or by injecting the Defendant’s food. As such, the Defendant had an uneasiness against the victim.

1. Violation of the Punishment of Violences, etc. Act (a group or a deadly weapon, etc.;

A. On September 26, 2013, the Defendant: (a) around 09:30 on September 26, 2013, on the ground that the Defendant was thought to have asked the victim promptly to the Defendant at the victim’s residence located in Seodaemun-si E; (b) took a kitchen knife (19cm in the knife length) which is a dangerous object in the kitchen, and took three times the victim’s head in the part of the kitchen and the knife, etc.; and (c) took three times the victim’s face and the chest by both hand.

B. On April 24, 2014, at around 09:30 on April 24, 2014, the Defendant: (a) deemed that the victim injecteds the Defendant with injecting drugs into the Defendant’s injecting machines; and (b) took the same kitchen knife and knife with the part of the said kitchen knife and the part of the said kitchen knife, when the victim’s face and head was taken one time by the hand of the victim.

Accordingly, the defendant, carrying dangerous objects and assaulted the victim, who is a lineal ascendant.

2. Around 14:00 on April 23, 2014, the Defendant continued assaulted the victim’s face and head at around 14:00, on the ground that the victim referred the Defendant at the same place as paragraph 1(a) and the Defendant’s mother “a person who reported to the police at a mental hospital, at the time of the victim’s face and head.”

Accordingly, the defendant assaulted the victim who is a lineal ascendant.

Summary of Evidence

1. The defendant's partial statement (a statement that recognizes the remaining facts constituting the crime in addition to the cases where the victim's face and chest are taken out among the facts constituting the crime of paragraph 1 (a) at the time of displaying);

1. D. D.

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