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(영문) 수원지방법원 성남지원 2020.03.26 2020고단569
특수존속상해등
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

The defendant is a child who has not been registered on the family register of the victim B (the age of 70).

1. Around 15:00 on February 18, 2020, the Defendant suffered from an injury to a special ascendant: (a) reported that the victim was frighting to drink and tobacco at his/her residence located in Sungnam-si A; (b) reported that the victim was frighting to drinking and tobacco; (c) tried to turn on the victim’s head debt, which is a dangerous article, and to turn on the victim’s face near and fright to the face; and (d) carried the victim’s head with dangerous articles that are stuffed in the cooling-si and carried the victim’s head at hand, thereby impairing the head’s character requiring medical treatment for about 14 days.

2. At around 15:30 on February 18, 2020, the Defendant: (a) had the victim enter a small room in which the victim suffered the Defendant’s assault; (b) had the kitchen knife (18 cm length, 29 cm in total length) while threatening the victim; (c) the victim refused it, and (d) had different parts of the kitchen knife, such as the instant kitchen knifeing, which are the objects in danger of the victim’s getting off, one time, and the victim damaged the victim’s property by carrying dangerous objects, such as the instant kitchen knife and the instant kitchen knife, one time, with the other knife of the victim who was suffering from the wall.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. On-site photographs and a written diagnosis of injury;

1. Application of Acts and subordinate statutes to inquiries into investigation reports, domestic violence reports, criminal records, and other inquiries and inquiries;

1. Relevant provisions of the Criminal Act, Articles 258-2 (1), 257 (2) and (1) of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act, the choice of imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the community service order are dangerous things.

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