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(영문) 춘천지방법원 속초지원 2017.06.14 2017고단152
존속상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 19, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of bodily injury in the early branch of the Chuncheon District Court, and completed the execution of the sentence in the Gangnam Prison on February 4, 2017.

At the home of the Defendant, around April 8, 2017, who is in a mother-child relationship with the Victim C (Woo, 71 years of age) and around 12:30 on April 8, 2017, the Defendant was under the influence of alcohol to the Defendant, “We are now going beyond breath brea in the YY.”

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“In doing so, the victim’s head collection is shakened on the left and right side, and the victim’s head flive flive flive flive flive flive flive flive flive flive flive flive flive, the victim’s head flive flive flive flive flive flive flive flive flive flive flive

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of police preparation and statement for C and E;

1. A report on investigation (the taking of a police officer on the spot, attaching a photo to the scene, attaching a medical certificate of a early medical center inside a victim, or conducting a witness F telephone investigation);

1. Medical certificates and photographs;

1. Previous convictions indicated in the judgment: Inquiry into criminal history (A), investigation reports (verification of repeated crimes and attachment of relevant investigation documents), and application of Acts and subordinate statutes confirming expropriation;

1. Relevant Article 257 (2) and (1) of the Criminal Act and Articles 257 (2) and (1) of the Criminal Act concerning the selection of criminal facts, and the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes recognized the instant crime and agreed with the victim.

However, not only two previous crimes punished by violence but also the defendant was sentenced to imprisonment with prison labor for an injury to the same victim, and the execution of the sentence was completed for about four months, and the defendant has committed the crime in this case. The defendant has repeatedly exercised violence against the mother who is vulnerable to the crime. In light of the risk of recidivism and the consciousness of the crime, it is inevitable that the defendant's strict punishment is inevitable, and the defendant's age, sex, environment, and circumstances of the crime.

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