(영문) 대전지방법원 2017.11.07 2017고단3065

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(영문) 대전지방법원 2017.11.07 2017고단3065

특수존속폭행

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 14:00 on July 25, 2017, the Defendant: (a) took care of the Defendant’s home located in Daejeon-dong, Daejeon-dong, the father of the Defendant; (b) took care of the Victim D (75 years) (68 years) and her mother on the ground that the Defendant’s father and her mother, disregarded her mother E (68 years of age) and took care of the Defendant’s head on one occasion; (c) took the head of the Victim D on one occasion; (d) took the head on one occasion by drinking; and (e) took the head on one occasion by an electrical massage (60cm in length), which is a dangerous object; and (e) took the head on one occasion by the victim E.

After all, the defendant carried a dangerous article with an electric massage, and assaulted the victims who continue to exist.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Written statements to be prepared;

1. Images of damaged parts, photographs, etc.;

1. Statement on a written notification of the results of mental appraisal (for example, mental or physical loss is asserted, but not deemed to have reached the degree of mental or physical loss in light of the background and method of crime, investigation agency, and statutory attitude);

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (2) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

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. Abstinence of the reasons for sentencing under Article 62(1) of the Criminal Act, such as the degree of violence, the victim’s punishment is not permissible, and there is no record of punishment exceeding the fine.

참조조문

유사 판례

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