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(영문) 서울남부지방법원 2019.10.10 2019고합311
특수존속상해
Text

A defendant shall be punished by imprisonment for one year.

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

On August 5, 2019, at around 23:46, the Defendant received a request for disability ratings from the victim C (year 71) who was put by the Defendant at his own living room in Guro-gu Seoul Metropolitan Government, and rejected it, the Defendant continued to receive the same recommendation, which is a dangerous object for the victim to undergo the same solicitation, and sustained the victim’s head at one time and sustained the victim’s head at an open room where it is impossible to identify the number of days of treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. The application of Acts and subordinate statutes, such as photographs, etc. of injury resulting from remaining injury, investigation report (to hear a victim's C telephone statement and attach a diagnosis report);

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Scope of punishment by law: One to ten years of imprisonment;

2. Extent of the recommended punishment according to the sentencing guidelines (determination of types) [Class 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: Victims (the scope of the recommended punishment and the range of the recommended punishment): Basic area, six months to two years [the scope of the recommended punishment as modified according to the applicable sentences] by imprisonment for one year and two years (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and the applicable sentencing range is set according to the statutory minimum of the applicable sentencing range);

3. Determination of sentence: One year of imprisonment, and two years of suspended execution, the crime of this case was committed by the father, who is his father, with a very high risk of inflicting bodily injury on the victim of beer disease, on the ground that he was in harmony, and the quality of such crime is not good;

Even in 2017, the defendant has committed assault against the victim and received family protective disposition, but he again leads to the same crime, so there is a high possibility of criticism.

However, the defendant is the defendant.

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