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(영문) 대전지방법원 2018.05.31 2018고단210
존속상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 the victim D(61) children.

The defendant, as the most injured person, has not been able to properly take care of his family affairs, and has been making good appraisal against the injured person on the grounds that he has left away from the religion of which family is changed, and that he is going to file a divorce lawsuit.

1. On September 11, 2017, the Defendant: (a) around 17:30 on September 11, 201, at the residence of the victim of the Dong-gu Daejeon Dong-gu E and Dong Dong Dong-dong Dong Dong-dong, demanded the victim to leave; and (b) caused the victim’s body to be pushed in several times, resulting in an injury to the victim of cryp and the cryped salted flu

2. On September 14, 2017, at around 01:00, the Defendant inflicted an injury on the victim by taking the victim’s telegraphs, including face, into drinking and sprinking, at the victim’s place of residence as indicated in the foregoing paragraph 1, including the victim’s face, for approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 257 (2) and (1) of the Criminal Act and Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] General Injury [the scope of recommended punishment] is not good in that it commits a crime in that it assaults his father who was potential for a sentence [the person who is not subject to special mitigation] / The victim who is in existence [the person who is not subject to special mitigation] / The victim's punishment is not subject to considerable injury.

However, the sentencing conditions shown in the records, such as the defendant's age, sex, environment, circumstances leading to the crime, and circumstances before and after the crime, shall be determined as follows: Provided, That the punishment shall be determined as ordered in full view of the following:

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