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(영문) 청주지방법원 2018.05.16 2017고단2850
존속상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On March 15, 2017, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for a special assault by the Cheongju District Court on March 15, 2017, and the said judgment became final and conclusive on the 23th of the same month, and

【Criminal facts” around November 4, 2017: (a) the Defendant was under the influence of alcohol in the Defendant’s dwelling in Cheongju-si B B lending 102, Cheongju-si, and 102; and (b) the Defendant’s father C from the Defendant’s father C (67 years of age) “I am locked because I would be able to sleep because I would be able to sleep because I would be able to do so by being able to do so by being able to do so; (b) the victim’s face face was hysn by drinking with the victim due to the sudden dispute; and (c) the victim was faced with the victim’s head by being sealed with the wall, and the victim was under the influence of the victim for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written answer;

1. Photographs of the victim;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous convictions and judgment, etc.);

1. Circumstances unfavorable to the punishment of Article 257(2) and Article 257(1) of the Criminal Act relating to criminal facts and Article 257(1) of the choice of punishment: There are many criminal records; while the suspension period is a special assault against victims who are lineal ascendants and descendants, circumstances favorable to the injury to the father of the victims who are lineal ascendants and descendants again: The confession of the crime; the confession of the crime was made; the victim and the victim did not want the punishment of the defendant by mutual agreement with the victim; the victim does not want the punishment of the defendant; the punishment as ordered shall be determined by comprehensively taking into account the above circumstances before and after the crime.

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