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(영문) 광주지방법원 목포지원 2014.11.27 2014고단1539
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 18:30 on August 24, 2014, the Defendant asserted the Defendant’s father’s Da (the age of 89) victim D (the father of the Defendant’s Da (the age of 89) located in Yong-gun, Chungcheongnam-gun, Chungcheongnam-gun, for his death, purchased a dry field to use as a cemetery site and purchased it at a level below the market price. B) the Defendant expressed the victim’s desire to “Chewing fright” and frighten the victim into the victim’s head and body. The Defendant was in line with the victim’s head and body where the fright, which is a dangerous object, was collected by the victim. The Defendant abused the victim via drinking and fright, and inflicted an injury, such as an open body of the head part where the victim could not know the number of days of treatment.

Accordingly, the defendant carried dangerous things and inflicted an injury on the victim who is a lineal ascendant.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. -Written opinions

1. Application of statutes on site photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (2) of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 (1) and proviso to Article 62-2 (2) of the Criminal Act;

1. Determination of types of crimes: Type 1: Habitual injury, repeated injury, and special injury resulting from violent crimes;

2. Determination of the scope of sentence: Reduction area, one year and six months from June to two years (the victim who continues to exist, the victim who is a special mitigation, or the person who commits a special mitigation: A person who commits an intentional act or a person who commits a special mitigation: A person who is not subject to punishment);

3. Determination of sentencing and suspended execution shall be set by discretionary mitigation within the scope of sentencing criteria in consideration of the fact that the accused acknowledges and reflects his/her mistake, the victim does not want the punishment against the accused, the age, character and conduct of the accused, family relationship, etc., and the execution thereof shall be suspended;

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