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(영문) 부산지방법원 동부지원 2013.03.27 2012고단4146
존속상해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

"2012 Highest 4146"

1. At around 17:00 on September 7, 2012, the Defendant sustained an injury on the part of the Defendant’s house located in Busan Metropolitan City Shipping Daegu (the age of 82) resulting in an injury to the victim during treatment days, such as: (a) moving the victim out of the ground and moving the victim out of the ground; (b) moving the body of the Defendant out of the ground; and (c) moving the body of the Defendant out of the body to the right side of the vehicle; and (d) moving the body of the Defendant into a hole on the right side of the vehicle.

2. Around 02:00 on September 8, 2012, the Defendant destroyed and damaged the market price’s aesthetic window on the ground that the above D was not opened and opened the door at the above place. In addition, the Defendant brought a wooden plate to the alley and damaged the market price’s aesthetic window.

around 21:30 on December 30, 2012, the Defendant expressed the victim’s chest and body at the time of drinking and festing on the ground that it does not change the drinking value to the victim D (the age of 82) who was locked, at the Defendant’s residence located in the Busan Metropolitan City Shipping Daegu C, and that it does not change the drinking value to the locked victim D (the age of 82).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs);

1. Relevant provisions of Article 257(2) and (1) of the Criminal Act, Article 366 of the Criminal Act, Article 260(2) and (1) of the Criminal Act, the choice of imprisonment for a crime (a point of violence to a lineal ascendant), and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for the severe injury resulting from concurrent crimes);

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (such as the fact that the defendant has no record of criminal punishment, and that he is closely against the crime of this case).

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