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(영문) 서울중앙지방법원 2013.10.10 2013고단4769
존속상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is the second child of the victim C(71 years of age) and is between the victim and the father.

At around 14:10 on August 1, 2013, the Defendant, at the Defendant’s house located in the Gwanak-gu Seoul Special Metropolitan City D D branch, breadd the Defendant, on the ground that “the victim, who took a bath while drunk phone, she was able to take a bath,” was “the victim’s face at a hand, who was a lineal ascendant of the victim’s face, she was boomed and she was able to take care of the victim’s face, and then the victim’s face and the victim’s face cannot be identified.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of C and E;

1. Application of the photographic Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order [decision of type] for general injury [specific person] mitigated element of punishment: The remaining victim [the scope of recommendation] - one year and six months [the defendant's father] unfavorable condition: The crime committed by assaulting his father is extremely poor and highly likely to be subject to criticism; the defendant has reported several times for reasons such as domestic violence after drinking even before committing the crime in this case; the defendant has a favorable record for several times of criminal punishment for violent crimes: The defendant was suffering from a yellow disorder; the degree of harm caused to the victim is related to the crime in this case; the degree of injury caused to the victim by violence seems not to be serious; the defendant is detained for two months; and the defendant is under the restraint of excessive treatment of yellow disorder in good faith.

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