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(영문) 수원지방법원 성남지원 2017.08.31 2017고합132
존속폭행치사
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, the above sentence shall be executed for three years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant, at around 01:40 on June 12, 2017, at the Defendant’s residence located in Sungnam-si, Sungnam-si, D, with frequent verbal abuse and assault from the Defendant’s wife D (40C). While the Defendant was suffering from late verbal abuse and assault, the Defendant’s knife knife knife knife knife knife and knife knife knife knife knife

In the face of threat, the knife knife knife knife knife knife knife knife on the floor, the knife knife knife knife knife knife knife knife knife knife

The Defendant assaulted the victim as such, and caused the victim to die in an emergency room of the F Hospital located in Seongbuk-gu, Sungnam-si, Sungnam-si, by “damage to the parts of the body, including the bones of the bones and the actual long-term wave” at around 02:23 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A reply to a report on investigation or a request for cooperation with an investigation (request for the delivery of a report processing table) and a reply (written results of autopsy appraisal);

1. The application of Acts and subordinate statutes on the resident registration card, a photograph of the scene of crime, a corpse examination, a report on the result of investigation of the changed death;

1. Relevant Article of the Criminal Act and Articles 262, 260 (2) and (1), and 259 (2) of the Criminal Act concerning the selection of criminal facts (elective of imprisonment with labor for a limited term);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of applicable sentences under Acts: Two years and six months to fifteen years; and

2. Where the result of death occurs due to violence crime in the application of the sentencing criteria [decision of the recommended punishment], the victim who continues to exist in the mitigation area (one year and six months to three years) (special aggravation factor] (special mitigation factor] (special mitigation factor) and the victim is also responsible for the occurrence of the crime, non-won of the punishment.

3. The sentence of sentence is an anti-human crime resulting in the death of the defendant by assaulting the victim who is his father.

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