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(영문) 울산지방법원 2020.03.24 2020고단408
특수존속상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 children of the victim B (n, 74 years of age) and C (78 years of age) who are married couple, and is living in the case of building D E in Ulsan-gu, Nam-gu, Seoul with the victims.

1. Around 05:50 on January 20, 2020, the Defendant committed the crime against the victim B, at the victim’s house, carried the victim’s cryp to the victim’s flab, “I have no workplace to drink, how I have drinking alcoholic beverages on the last day,” and hump, hump, and salivous, 2 to 3 times the head, hump, hump the victim’s head, hump the victim’s head, hump, and hump the victim’s head, and hump the victim’s head, hump, and hump the victim’s head, hump, and hump the victim’s head.

2. The Defendant committed the crime against the victim C, at the above date, at the above time, and at the above place, as the victim B was removed from the victim, and as a result, he saw the head and the shouldered self-help, which was a dangerous object in the display site, to put the victim’s head, thereby causing injury to the victim, such as the cerebrovahovah’s external shock, which requires approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (to be called on the spot with the 119 first responder and telephone communications);

1. On-site photographs. Application of Acts and subordinate statutes to one emergency medical service log;

1. Articles 258-2 (1) and 257 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order;

1. The scope of punishment by law: Imprisonment for one to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) A primary crime (determination of a type) (a special injury to a victim C) (a special injury to a special injury, or a repeated crime) resulting from a violent crime: A special injury (a special injury to a person who has been injured by a repeated crime): A mitigated element - aggravating element - a serious injury, a surviving victim (the area of recommendation and the scope of recommendations);

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