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(영문) 대구지방법원 상주지원 2021.03.17 2020고단412
특수존속상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

The defendant and the victim B (n, 81 years old) are mother and child relationships.

On September 5, 2020, the Defendant: (a) around 11:55, the Defendant, without any justifiable reason, used the transition ( approximately 23 cm in total length, approximately 13 cm in length) which is a dangerous thing in the kitchen, in the middle of the C2 floor, and went against the victim’s right light several times; and (b) placed the part of the left side on one occasion of the treatment days for the victim.

In this respect, the defendant carried dangerous objects and inflicted bodily injury on a person who is a lineal ascendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to report internal death within a family relation certificate (on-site photographs, etc.);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of punishment by law: Six months to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of determination] of violent crimes, the injury of special injuries and repeated crimes [the category 1] special injury [the mitigated element of special sentencing]: The mitigated element of punishment: Victims who continue to exist [the territory of recommendation and the scope of recommended punishment], six months through two years.

3. Determination of sentence: Ten months of suspended sentence; and two years of suspended sentence; the defendant who observed protection in the last ten months is likely to be subject to criticism as a failed crime if he/she knife the victim's knife, his/her mother.

The growth and growth of attack by the defendant is highly likely to cause harm to the victim.

Even at the end of 2019, the case is hot in that the defendant assaulted the victim and received family protective disposition, and even without improving character and behavior, attacked the victim by knife.

However, the victim is not subject to the punishment of the defendant.

When the defendant did not drink, he suffers from Teinson's disease.

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