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(영문) 서울중앙지방법원 2018.05.02 2018고합77
특수존속상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 6, 2018, the Defendant: (a) around 09:50 on January 6, 2018, the Defendant: (b) the son E (here, 92) who is the mother in the dwelling of the Defendant in Gwanak-gu Seoul Special Metropolitan City, or in the dwelling of the Defendant in D.

“On the ground that the Plaintiff she was cruel in the kitchen, the joint panty (24 cm in diameter, 45 cm in length) part of the iron panty (24 cm in length), which is a dangerous thing in the kitchen, had the victim take two parts of the victim’s head, and the victim took about three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Seizure records;

1. Investigation report (to provide witness G telephone conversations, attach photographs to damaged photographs, confirm the list of reported cases, hear statements from victims by telephone and report);

1. Two copies of the 112 reported case handling table;

1. On-site and photographs of criminal tools;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. Non-application of the sentencing criteria: No sentencing criteria shall be set.

3. Determination of sentence: The crime of this case for one year, imprisonment with prison labor, is a case in which the defendant inflicts bodily injury on the victim who is the mother of her panty, in light of the relationship with the victim, the part and degree of injury, etc.; the victim seems to have suffered considerable physical or mental pain due to this case; the defendant recognized and reflected the crime of this case; the defendant has no particular criminal history except for the defendant who was sentenced two times prior to the lapse of 40 years; and other various sentencing conditions specified in the records and arguments, such as the defendant's age, sexual behavior, environment, health conditions, motive for the crime, and circumstances after the crime, etc., shall be determined as ordered.

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