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(영문) 대전지방법원 공주지원 2014.07.18 2014고단108
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)
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

At around 21:00 on April 14, 2014, the Defendant: (a) donated the property of the victim D(75 years of age) who is the father of the Defendant, who is the father of the Defendant in Gongju-si, donated the property to other siblings; and (b) took care of the Defendant, who is dissatisfied with the fact that the Defendant did not know the property, and took care of the Defendant, such as a deadly weapon (22 cm in total length, 12 cm in knife in knife) that was on the part of the Defendant’s Dob, and took care of the Defendant’s deadly weapons (12 cm in knife in knife in knife in knife in knife in knife in knife in knife in knife in knife in knife in knif.

Accordingly, the defendant carried a deadly weapon and inflicted an injury on the victim who is a lineal ascendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. 112 Reporting case handling table, family relation certificate, etc. (A);

1. Photographs explanation;

1. Application of Acts and subordinate statutes to a criminal investigation report (receiving a report and an investigation into the details of arrest), investigation report (the counter investigation of the couple of a victim D);

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 257 (2) and (1) of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the accused among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Considering Circumstances favorable to the accused among the following reasons for sentencing):

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Articles 59 and 62 of the Act on Probation, etc.;

1. The application of the standard for sentencing [Scope of Recommendation] In the case of habitual injury, repeated injury, special injury (Aggravated Bodily Injury), the basic area (two to four years of imprisonment), (a special mitigation) of punishment (including a serious effort to recover damage), or considerable partial damage, the victim who continues to exist.

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