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(영문) 춘천지방법원 2017.09.25 2017고단516
존속상해등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. Around April 2017, the Defendant, at the house of the victim D (Woo, 64 years old) who is the mother of the Defendant in Chuncheon apartment C, 102, 202, and 202, expressed that there was no money for the victim to request for money so that he/she may drink because he/she had been playing, and that there was no money for the victim to request money, he/she carried out the Defendant’s breast part of the victim’s chest by hand.

Accordingly, the defendant committed assault to the surviving victim.

2. On May 28, 2017, when the Defendant was drinking alcohol at the place specified in paragraph 1 at around 18:05, the Defendant: (a) had the victim enter the house; (b) had the entrance of the entrance door; and (c) had the victim enter the house to the house; and (d) had the victim “Is this Chewing year?”

(d)"In doing a bath, the victim's chest part of the chest was pushed up to 2 to 3 tights of the victim's chest, and the breath was dumped out of the entrance of the entrance, and the victim dump caused approximately 2 weeks to be treated outside the entrance of the entrance, and the victim dump and typ the strings and arms needed for treatment for about 2 weeks.

Accordingly, the defendant injured the surviving victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to field photographs (related to the psychological state of the victim), investigation reports (related to the psychological state of the victim), investigation reports (the details of telephone conversations with the victim), investigation reports (attached to the table, etc. of the case reported 112);

1. Relevant legal provisions of the Criminal Act, Articles 257(2) and 257(1) of the Criminal Act (the point of inflicting bodily injury) concerning criminal facts, Article 260(2) and 260(1) of the Criminal Act (the point of continuing to exist) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Sentencing criteria;

(a) A crime No. 1: The victim who continues to exist in the area of special aggravation (6 months to 3 years), the victim of the crime of bodily injury (the scope of recommended punishment) (the scope of recommendation), the general aggravation area (6 months to 3 years), and the motive for the crime of bodily injury;

B. 2 Crimes: Assault (the scope of recommended punishment) is a special aggravation area (4 months or more).

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