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(영문) 창원지방법원 진주지원 2014.04.30 2014고단308
존속상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. On March 18, 2014, the Defendant, at around 13:00 on March 18, 2014, changed business funds to C, who was the mother of the Defendant, but did not do so, purchased gasoline at a gas station located in the Jindo-dong, Jinju-si, and then purchased gasoline at two gas stations. On the same day, at around 13:20, the Defendant found the victim’s house located in Jinju-si D, thereby putting the said gasoline away from the Defendant’s house.

Accordingly, the defendant was prepared for the purpose of setting fire to the building used as a residence by the above C, etc.

2. On March 18, 2014, the Defendant, at the house of the above victim C (n, 76 years of age) around 13:20, committed an act to spawn gasoline as seen above, thereby inflicting injury on the victim, who is a lineal ascendant, due to the defect victim’s spawning out of the house, resulting in an injury, such as spawnum, requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. E statements;

1. On-site photographs and CCTV photographs purchased gasoline;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Criminal Act and Articles 175 and 164 (1) of the Criminal Act (the occupation of current main building and fire reserve), and Article 257 (2) and (1) of the Criminal Act (the point of injury to a lineal ascendant and the choice of imprisonment);

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is the defendant's age, character and behavior, environment, motive, circumstance, and result of the instant crime in light of the favorable circumstances such as the defendant's demand for business funds to the victim whose mother is the victim, but the victim's refusal to commit the crime is considerably poor, the defendant has a record of criminal punishment several times, the defendant's refusal to commit the crime, and the defendant's resistance while committing the crime.

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