(영문) 광주지방법원 목포지원 2016.10.28 2016고단731

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 목포지원 2016.10.28 2016고단731

특수존속상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

At around 12:10 on July 7, 2016, the Defendant, at the home of the Victim D (75 years of age) (the mother in Yong-gun C), who is a mother in Yong-gun, Youngnam, said, that he was given the Victim with his her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her s

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes to field and photographs of victims, investigation report-CCTV analysis, CCTV analysis photographs, copies of diagnosis, and family relation certificates;

1. The reason for sentencing under Articles 258-2(1), 257(2), and 257(1) of the Criminal Act concerning criminal facts appears to be a favorable circumstance, such as the fact that the defendant recognized the crime of this case and reflects against the defendant, the victim complained of the defendant's prior action through the application submitted during the trial of this case, and the fact that the defendant has no record of being punished for the same kind of criminal conduct against the continuation of the trial of this case.

On the other hand, not only the possibility of criticism in itself in the crime of this case against her mother, but also the method of the use of improvement and insertion is not good.

This is an unfavorable condition.

In addition to each of the above sentencing grounds, comprehensively taking into account the following factors: Defendant’s age, character and conduct, family relation, environment, circumstance and result of the crime, various circumstances revealed in the arguments in this case, including circumstances after the crime, and the possibility of the Defendant’s recidivism against the victim, etc., it is determined as per Disposition.

The defendant and his defense counsel's assertion.

참조조문

-형법 제257조 제2항

-형법 제258조의2 제1항

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