logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 거창지원 2014.11.12 2014고단273
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

At around 02:00 on September 7, 2014, the Defendant expressed that the victim D (the father) who is his own house located in Chungcheongnam-gun, Chungcheongnam-gun, would not drink a large amount of usual drinking alcohol, and that the Defendant was able to take part in the victim’s body over about 2:30 minutes and 30 minutes of cleaning, which is a dangerous object in the house, while making a bath that “this Chewing feassium, or after drinking it,” the Defendant was able to do so.

As a result, the Defendant carried dangerous things and inflicted bodily injury on the victim, who is a lineal ascendant, such as one of the two external wounds where there is no open address for six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each investigation report (Attachment of a medical certificate, opinion, and photograph);

1. Application of Acts and subordinate statutes on family relation certificate;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of the recommended sentence based on the sentencing guidelines: Where a victim is fully responsible for the occurrence of an offense or the expansion of damage even to a victim in the basic area (two to four years) of types 1 (two-four years) (two-four years), such as habitual injury, repeated injury, and special injury (the scope of recommending punishment) from two years to four years (the scope of recommending punishment), and where a victim is also responsible for the occurrence of a crime or the expansion of damage, the victim is not subject to punishment (including serious efforts for the recovery of damage) or a victim who continues to exist;

2. The crime of this case, which was sentenced to sentence, committed by the defendant, was committed by assaulting the victim who was put by drinking or dangerous articles over 2 hours and 30 minutes, and is against humanity, and the defendant is not guilty of the crime such as getting the victim off the clothes in order to prevent the victim from reporting the crime.

arrow