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(영문) 창원지방법원 통영지원 2020.01.30 2019고단1228
존속상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 12:00 on August 21, 2019, the Defendant: (a) assaulted the victim C (the 87-year-old), who is a mother in Scam B, with the property problem; (b) frightened the victim’s bridge, frightened the victim’s right arms, frightened the victim’s arms, frightened the victim’s arms, frightened the victim’s arms, cut the victim’s arms to go beyond the victim; and (c) flicked the victim’s neck, flicked the victim’s neck, walking the victim by walking the victim, and flicking the victim into the victim, thereby causing injury, such as flicking the victim at about six weeks of treatment.

Summary of Evidence

1. The statement of the court below to the effect that "the defendant abuseds the victim's bridge on several occasions, knife the victim's right shoulder by hand, knife the victim's arms, knife the victim's arms, and knife the victim's arms, and knife the victim, such as walking the victim's knife."

1. Each legal statement of witness D and C;

1. A photo of the damaged part;

1. Emergency measures report;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to medical certificates and written confirmation of entrance and discharge;

1. Relevant provisions of the Criminal Act, Articles 257 (2) and (1) of the Criminal Act, the choice of punishment for the crime (a point of injury to a ascendant), and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines for violent crimes: General injury [Type 1] general injury [special injury (special punishment for a person] and aggravated factors: serious injury (type 1 and 4): Victims who continue to exist [the scope of recommendation area and recommendation area] special aggravation area, and six to three years of imprisonment.

3. In that the criminal defendant who has rendered the sentence of sentence uses a serious injury by assaulting the victim who is a mother, the punishment for such crime shall not be minor;

However, the circumstances leading to the crime, contingency and single-time crimes, and most of the crimes are visible and reflected.

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