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(영문) 서울서부지방법원 2020.05.14 2020고단538
특수존속상해
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 defendant is the child of the victim B (the age of 83) and is between C and C.

On February 24, 2020, the Defendant, at around 21:30 on February 24, 2020, sent 10,000 won in cash from the victim B, who was under his control, 10,000 won in cash, sent knife the knife (8.5 cm length, 18.5 cm length) to C, which is a dangerous object that was prepared in advance for the reason that the Defendant did not enter the ward, and did not have the knife, and knife the knife and knife the knife in the treatment days, and caused the injury that the victim would have the knife the knife of the knife in the victim’s hand and the knife of the knife in the treatment days.

Accordingly, the defendant carried dangerous things and inflicted an injury on the victim who is a lineal ascendant.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. C’s statement;

1. Application of Acts and subordinate statutes to reports on the occurrence of accidents, multi-level and field photographs, records of seizure, photographs of seized articles, records of 112 reported cases, and reports on investigation (related to the inspection of CCTV of elevators and hearing statements from victims);

1. Articles 258-2 (1) and 257 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. The scope of the recommendation [decision of types] the scope of violent crimes; 2. The injury resulting from special injury and repeated crime [Type 1] the victim/members of the special injury [special aggravation / mitigated] [the scope of the recommendation field and the recommendation range] basic area; 6 months to 2 years;

2. The sentence shall be determined as ordered in consideration of the following circumstances following the decision of sentence and other various sentencing conditions shown in the pleading of this case.

The unfavorable circumstances: The defendant's mental illness seems to have an impact on a certain part of the crime, and the victim is also the victim.

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