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(영문) 부산지방법원 서부지원 2021.01.08 2020고단2420
특수존속상해
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 3, 2020, at around 21:10, the Defendant: (a) at the residence of the victim C (Woo, 53 years old); (b) at the address of the victim C (Woo) located in Gangseo-gu Busan Metropolitan City, the mother of the Defendant defective the mari and bath about the attitude of the Defendant who does not communicate with his family; and (c) knife the knife (20cm: 20cm in the knife: 13cm in the knife, knife: 13cm in the knife and the knife (13cm in the knife) which is a dangerous thing in the knife and carried out the knife part of the victim’

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of D, C, and E;

1. Protocol and list of seizure (No. 1 and 2 No. 1);

1. Investigation report (related to the victim's wife), investigation report (limited to the records of medical treatment for the victim's wife), investigation report (limited to the attachment of photographs on the part of the victim's wife);

1. Application of Acts and subordinate statutes to on-site photographs and death diagnoses;

1. Articles 258-2 (1), 257 (2) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of determination] the scope of the recommended punishment [the scope of punishment [the scope of the recommended punishment and the scope of the recommended punishment revised according to the sentencing guidelines] 1 to 2 years (the lowest limit of the sentencing range recommended in the sentencing guidelines is applicable in cases where the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentencing range] - Special bodily injury [the person subject to special sentencing] - In cases where punishment is not imposed (including serious efforts to recover damage), or considerable damage is recovered: the victim who continues to exist [the scope of the recommended punishment and the scope of the recommended punishment] basic area, six months through two years (the scope of the recommended punishment corrected according to the applicable sentencing guidelines].

3. The crime of this case by which the mother of the victim was sentenced to the punishment of this case is the fact that the victim inflicted an injury on the victim with a knife on the ground that the knife would admonish himself by the words of the victim, and the nature and circumstances of the crime are very poor, and the implements and circumstances of the crime.

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