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(영문) 대전지방법원 천안지원 2018.08.24 2018고단1684
존속상해등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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 pro-child of the victim C ( South, 78 years of age).

1. On July 4, 2014, the Defendant’s house located in the Defendant’s house located in 114 dong 201, Dongsan-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, and on July 4, 2014, “dices” in the process of drinking.

“In the case of a victim of high tree, the victim, who is the aged 65 years or older, was injured by the unknown tent of both sides of the number of days of treatment, in consideration of the victim’s her hand floor, and the victim was at least 65 years old.

2. On May 24, 2018, the Defendant: (a) around 19:00 on May 24, 2018, at the Defendant’s house; (b) took the hand floor of the victim’s hand without any reason due to alcohol; and (c) inflicted injury on the victim, who is the aged 65 years of age or older, due to the number of days of treatment, to the left-hand son of the days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each medical opinion;

1. Application of photographs and certified copies of resident registration Acts and subordinate statutes;

1. Article 257 (2) and Article 257 (1) of the Criminal Act (the point of continuing injury) concerning the facts constituting an offense, and Articles 55-2 and 39-9 subparagraph 1 of the Welfare of Older Persons Act (the point of injuring older persons);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) and the main sentence of Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act, and Article 44-2 of the Act on the Medical Care and Custody, etc. has poor quality of the crime in light of the background and degree of injury, the relationship between the defendant and the victim, the defendant has the record of assaulting the victim even around 2016, and the defendant was subject to a disposition that has no authority to prosecute the victim due to non-prosecution of the punishment. Meanwhile, the defendant is led to the confession and rebuttal of each of the crimes of this case, the victim is not subject to punishment against the defendant, the victim is not subject to punishment against the defendant, the defendant has no record of criminal punishment exceeding the same kind of fine, and it is necessary to manage and treat the crime.

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