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(영문) 수원지방법원 2018.05.30 2018고단2420
존속상해
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 14, 2018, the Defendant: (a) throw away the head of the Victim D (Y, 54 years old), the mother, who was unlocked on the ground that the father’s permanent photograph was not visible in around 03:00 of the Gyeonggi-gu, Gyeonggi-do, GB01; (b) the father’s permanent photograph was cut off; and (c) “I have the father’s permanent photograph anywhere.”

When finding it within the first place, the victim's face and face are cut off, and the victim's face and face are cut off in a number of times, and the victim is crypted, and the victim is crypted in the face such as snow and cryke, so the victim suffers an injury on the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against D or E;

1. Statement made by the police against D;

1. Application of statutes governing field photographs, photographs of victims, records of cases reported 112, and family relation certificates;

1. Relevant Article 257 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 257 (2) and (1) of the same Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Where the sentencing criteria are applied [the scope of recommended punishment] and the aggravated area (six months to two years), [the person subject to special mitigation (including serious efforts to recover damage), the penalty is not imposed (including serious efforts to recover damage), or considerable damage is recovered from the aggravated area (six months to two years), or victims vulnerable to crimes;

3. According to the rulings of sentence, the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, sexual conduct, family relationship, family environment, motive and means of crime, and circumstances after the crime, shall be determined as ordered.

A disadvantageous condition: A good condition that is favorable to the fact that the mother who is in a uniform after the funeral ceremony of the referring commits a crime by assaulting him/her to inflict an injury, and that he/she has received a family protective disposition twice for the same crime: the victim shall be punished by the defendant.

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