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(영문) 대구지방법원 2020.07.21 2019고단6589
특수존속폭행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as the child of the victim B(77 years of age), had a complaint against the ordinary victim due to the division of property.

On September 16, 2019, at around 17:00, the victim’s indictment in Busan Metropolitan City, the place of crime is “the defendant’s residence.” However, according to the records of this case, even if the victim’s residence is recognized and the place of crime is corrected, the defendant’s place of crime is corrected ex officio as above, since it does not substantially disadvantage the defendant’s exercise of his right to defense.

From the victim's residence, the victim was flabed on the floor by using flabbbage of the victim, and was used on the side of the victim who takes a knat (total length of 30 cm) which is a dangerous object in the mast, and used violence, such as flabing the flab of the victim's body.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Statement of the police with regard to B and D;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to photographs of a victim who has committed a crime), investigation report (the counter investigation of the complainant and submission of a written statement);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (2) of the Criminal Act which choose a penalty;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of the recommended sentence according to the sentencing guidelines [decision of types] violent crimes, [Type 6] repeated crimes, special assault [Special Aggravationd Persons] mitigated elements: Victims who continue to exist [the scope of the recommended area and the range of the recommended punishment], and April through October 10;

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:

The crime of this case is committed against the defendant by carrying with himself the hand hand, which is dangerous for him.

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