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(영문) 부산지방법원 2016.02.17 2015고합634
존속상해등
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. In spite of partial donation of property from the victim C (79) who was the victim, the Defendant suffered bodily harm, the Defendant, from around 2015, demanded that he/she own the house where the victim s/he/she lives to transfer his/her ownership to him/her, but was able to drink alcohol on the ground that the victim refuses to do so, and s/he/she did so frequently.

On March 30, 2015, the Defendant, while drunkd at the victim’s house located in Busan Northern-gu, Busan, on the same ground, sustained the victim’s face due to this end and suffered an injury to the victim, such as an open body of the head (the end part) of the treatment days.

2. At around 20:05 on August 16, 2015, the Defendant, in preparation for fire prevention of the present state building, called “I have been working for the victim C with the same reason,” and put the victim E, who is the mother of the Defendant, on four to five occasions, with the part of the victim C having been working for the victim C in drinking for four to five times on the ground of drinking for the same reason at the house of the above victim C, and put the victim E, who is the mother of the Defendant, into a plastic box with three liters of volatiles kept in the warehouse, and put him/her in his/her body and living room and plan, flus of the victims’ body and flussium into the victim’s body, and put them into the victim’s house without the intention of using it for the purpose of using it in preparation for the victim’s knick with the noise of the dead.”

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement protocol with respect to E and C;

1. A victim C injury photograph and medical certificate;

1. Application of the 112 Reporting List, seizure protocol, and photographic Acts and subordinate statutes to the crime tool;

1. Relevant legal provisions and Articles 257(2) and 257(1) of the Criminal Act concerning criminal facts, the choice of punishment (the point of continuing to exist, the choice of imprisonment), Articles 175 and 164(1) of the Criminal Act (the preliminary point of setting fire to the present building).

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