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(영문) 수원지방법원 성남지원 2018.01.10 2017고단3310
존속상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a victim E (86 years old) born out of wedlock, and is treated with discrimination compared to that of the ordinary two-dimensional shapes.

I think that while the victim was dissatisfied with the victim, I came to know that the victim tried to sell the G market store in the name of the defendant's friendship F to another person.

On September 28, 2017, around 17:30 on September 28, 2017, the Defendant found 102 Dong 1402, the victim’s residence located in Sungnam-si, Sungnam-si, and the victim considered “I am to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to go

When the defendant takes a hand over the face of the victim who has been seated in a sofa, he saw the face of the victim who has lost his mind over the floor, and taken a part in drinking, such as the victim's hand, etc., and the head, etc., several times.

As a result, the defendant put about the boness of head and bones in need of treatment for about one month to lineal ascendants and descendants.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to E, J and K;

1. Family relation certificate;

1. Application of statutes in a statement of intention;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] General In the case where (4 months to one year and six months) basic areas (special mitigation) / punishment is not imposed (including serious efforts to recover damage), or considerable damage is recovered / the victim who is the surviving victim (determination of sentence] as a matter of property / the victim's use of violence to his/her own partner as a matter of property / The victim's degree of injury is relatively heavy in light of the fact that the victim's degree of injury is relatively heavy.

However, the victim does not want the punishment of the defendant, and the victim repents his mistake, and is criminal.

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