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(영문) 수원지방법원 2020.12.17 2020고단3839
특수존속상해등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is the grandchildren of the victim B (ma, 82 years old) and the victim C (ma, 86 years old).

1. Around 00:00 on March 18, 2020, the Defendant: (a) sought the residence of the victims located in Osan-si D; (b) caused the victim B to wear the Defendant’s father-E’s hospital expenses or did not cover the pro rata property portion by bearing the Defendant’s father-E’s hospital expenses that died one week prior to his death; and (c) caused the damage to the Defendant’s outer wall by shack pipe (120cm in length) and hacks (100cm in length) and hacks (100cm in length).

Accordingly, the defendant carried dangerous articles and damaged the property owned by the victims of the market amounting to KRW 370,000.

2. In respect of the victim B, the Defendant was aware of the sound shouldered of the glass windows at the same time and place as set forth in paragraph (1), and the victim was at the price of the victim’s left head, arms, and legs on several occasions by the pipe, which is a dangerous object, on the ground that the victim saw the Defendant as a tree.

이로써 피고인은 위험한 물건을 휴대하여 직계존속인 피해자에게 약 6주간의 치료가 필요한 무릎뼈의 폐쇄성 골절 및 두피의 표재성 손상 등을 가하였다.

3. The Defendant of a special violence to the victim C was at one time at the same time and at the same place as paragraph 2, and the above pipe, which is a dangerous object for the reason that the victim knows the Defendant.

Accordingly, the defendant carried dangerous things and assaulted the victim who is a lineal ascendant.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement F, C, and B to each police officer's statement, victim and field photo, emergency measures report, opinion opinion, seizure protocol, and seizure list;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) An occupation of special destruction or damage: Articles 369 (1) and 366 of the Criminal Act;

(b) The point of injury to a special ascendant: Articles 258-2 (1) and 257 (2) of the Criminal Act.

(c) Points of special violence: Imprisonment with prison labor under Articles 261 and 260(2) of the Criminal Act.

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