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(영문) 의정부지방법원 2017.12.18 2017고단4991
존속폭행
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 12, 2017, the Defendant took one time a part of the victim’s left head, on the ground that the injured person was not giving money to the Defendant, at the house of the Victim D (Min, 67 years of age) who is a mother in the Government of the Gyeonggi-si in 06:30 on October 12, 2017, on the ground that he did not pay money to the Defendant.

Accordingly, the defendant assaulted his lineal existence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of on-site photographs and statutes governing damaged photographs;

1. Relevant Article 260 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 260 (1) of the Criminal Act that choose a penalty (the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Grounds for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to Attend [the scope of applicable sentences under the law] [the scope of applicable sentences under the law]] The types of assault crimes in the military of violent crimes [the person subject to special sentencing] [the person subject to special sentencing] aggravated factors for mitigation of the victim (the person subject to offender/other person) who continues to exist: The area subject to aggravation of punishment [the scope of recommended punishment]: One year from April to May [the decision subject to suspended sentence];

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