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(영문) 인천지방법원 2018.05.17 2018고단1528
존속상해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On August 25, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for a special injury at the Seoul Northern District Court, and the execution of the sentence was completed on January 1, 2018 at the Dong House in Seoul East District Court.

[Criminal facts] The Defendant is the mother and child relationship between the victim C (V, 73 years old) and the mother and child relationship.

1. On February 26, 2018, in front of the home of the victim in Seo-gu Incheon, Seo-gu, Incheon around 12:00, the Defendant: (a) was under the influence of alcohol to find the victim; (b) was married for a year; and (c) was divorced for a year.

“Along with the victim’s bath, the victim’s breath was dumped with the victim’s breath by cutting the ebbbage with the ground floor, and the Defendant was flaped with the victim’s escape. The victim was flaped with the victim’s ebbage, and the victim was flaped with the ground floor by cutting down the victim’s ebbbage, and then the victim was flaped with the victim’s shoulder and flap with the victim’s flaps, and the victim was flaped with approximately two weeks of cump and tension.

2. The Defendant damaged the door door so that the repair cost amounting to KRW 90,00 is damaged by exposing the entrance door, which is the victim’s ownership, by walking the door from several times, on the ground that the victim does not open the door, at the time, place, and at the place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. On-site photographs and notification to the department related to the report of the case;

1. A written diagnosis of injury;

1. A previous conviction: A reply to inquiry, such as criminal history, reporting of a previous conviction before and after the disposition, and applying Acts and subordinate statutes to search results of prisoners;

1. Relevant legal provisions concerning facts constituting an offense, Article 257(2) and (1) of the Criminal Act (the point of continuing to exist) of the choice of punishment, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (only to the extent that the long-term punishment of the above two crimes is aggregated) of the Criminal Act to increase concurrent crimes.

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