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(영문) 서울북부지방법원 2019.07.17 2019고단1612
특수존속상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

At around 12:00 on March 26, 2019, the Defendant, at the house of the Defendant in the Jung-gu Seoul Metropolitan Government, and at the house of the Defendant, when drinking alcohol, she, after hearing the horses from her mother when drinking alcohol from her mother D (75 years of age) , she gets off the back of the victim’s head, which is a dangerous object, and led the victim to two-day treatment for 2 weeks.

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. Statement made to D by the police;

1. A report on investigation (Attachment of relevant photographs);

1. Application of the Acts and subordinate statutes governing injury photographs;

1. Grounds for sentencing under Articles 258-2 (1), 257 (2) and 257 (1) of the Criminal Act concerning the relevant criminal facts;

1. Extent of the recommended punishment according to the sentencing guidelines (decision of type) for violent crimes: Special injury, injury by repeated crime [Type 1] for a special injury (special punishment): Reduction element of punishment: Victims (the scope of recommending area and recommendation range) who continue to exist, the basic area of the victim [the scope of recommending punishment and recommendation range], six months to two years [the scope of recommendation punishment amended by the applicable sentencing range]; imprisonment for one year and two years;

2. In addition to repeating violence against the surviving victims, the punishment of this case shall be determined as ordered in consideration of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime of this case, circumstances after the crime, etc., even though the Defendant was under suspension of execution due to the crime of injury by continuation.

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