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(영문) 수원지방법원 안양지원 2014.06.19 2014고단720
존속폭행
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 12, 2014, the Defendant: (a) around 03:30 on April 12, 2014, on the ground that the victim D (the mother, the 85 years old), who is his mother, did not pay the credit card payment of the Defendant, did not follow the victim’s behavior; (b) entered the victim’s inside room with the inside room, and “this Chewing year, the same opening code does not have any value to live; and (c) took the mobile phone used while taking a bath, such as promptly killed her face; (d) took the victim’s cell phone toward the victim’s face; and (e) the victim took part of the victim’s body, who was frightened after the victim’s assaulted the Defendant, and assaulted the victim, who is a lineal ascendant, by drinking and drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Each police statement of E and F;

1. Application of statutes on photographs of damage;

1. Relevant provisions of the Criminal Act and the reasons for sentencing under Article 260 (2) and (1) of the Criminal Act concerning the choice of punishment;

1. Scope of Recommendation: A person who is under special special aggravation (4 months to one year and six months): A victim who is still in existence, or a victim who is vulnerable to committing a crime (at least two special persons exist, and the upper limit of the sentencing guidelines shall be aggravated by up to 1/2);

2. Determination of sentence is not good, but a sentence shall be determined as ordered in consideration of the fact that the defendant has no particular criminal power and is against the defendant;

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