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(영문) 수원지방법원 2016.06.30 2016고단2329
특수존속상해등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On January 31, 2016, the Defendant was taking a bath at the Defendant’s house located in Suwon-si C C3, Suwon-si, Suwon-si, the victim’s mother of interest, and 76 years of age, and the victim was able to know the number of days of treatment by putting about about 60 cm in hand, and 4 cm with the victim’s head, which is a dangerous object on the ground that the victim said that “the victim was rasingly and probly living.”

As a result, the defendant committed an injury in which the number of days of treatment can not be known to the victim by taking the victim who is a lineal ascendant or descendant with dangerous things.

2. On April 2016, the Defendant: (a) while taking the victim’s bath at around 21:00 in the same place as above, the Defendant was unable to take the victim’s bath.

On the other hand, the Defendant was prevented from being placed on the floor, lying on the victim's body, lying on the victim's body, lying on the two hand, divided into the right knee with the left side, and breaking up the victim with approximately six weeks of treatment, and the victim suffered injury, such as "a duplicing two cups," which requires approximately six weeks of treatment.

Accordingly, the defendant injured the victim who is a lineal ascendant or descendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Monmon nes photographs and victim photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act, Articles 258-2 (1), 257 (2) of the Criminal Act (the point of inflicting an injury on a special existence) concerning criminal facts, and Articles 257 (2) and 257 (1) of the Criminal Act (the point of remaining injury 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. In this case, the reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant’s mother is in danger of his or her mother or commits an injury by assault, and that the victim’s degree of injury is not somewhat weak.

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