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(영문) 부산지방법원 동부지원 2019.02.20 2018고단2521
존속상해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 21, 2017, the Defendant was sentenced to two years of suspension of execution and a fine of 300,000 won for the crime of interference with business, etc. in Busan District Court’s Dong Branch branch branch, which became final and conclusive on June 8, 2018, and is currently under suspension of execution, and is the victim B (the age of 63).

1. On December 13, 2018, the Defendant: (a) 04:20 on December 13, 2018, in the Defendant’s residence located in Suwon-gu, Busan, the Defendant took a bath to “new son” without any justifiable reason, while drinking the victim’s face at several times; and (b) was inflicted on the victim, who is a lineal ascendant, with no open two rooms to the extent that the number of days of treatment cannot be identified.

2. Special intimidation: (a) the Defendant, at the same time and place as set forth in paragraph (1) of this Article, threatened the victim, such as the victim’s referring to the victim’s “satisfining” while hunting along the victim’s upper part of the kitchen (19.5cm in total length and 9.5cm in blade length).

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Two copies of photographic photo, victim photographic photo, on-site photograph, and bladeic photograph at the scene of the occurrence of the case;

1. Application of Acts and subordinate statutes governing the medical early assessment area of emergency patients;

1. Relevant Article of the Criminal Act, Articles 257 (2) and (1) (the point of injury to a lineal ascendant), 284 and 283 (1) (the point of threat of carrying a deadly weapon) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the scope of final sentencing due to the aggravation of multiple concurrent crimes for which there is no basic area (special intimidation) of the first category (4 to 1.6 months), the basic area (4 to 1.6 months) of the Act on the Punishment of Crimes (the scope of recommendations) among the concurrent crimes (the scope of recommendations) of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, and Article 1 of the Act on the Punishment of Crimes (the scope of recommendations) [the scope of recommendations] of Article 2 of the Act on the Punishment of Terrorism (the scope of special intimidation] of Article 4 of the Act on the Punishment of Intimidation (4 to 1.6 months): April and February 3 [the decision of sentence] of Article 4-2 of the Act on the Punishment of Intimidation; the details and degree of damage to the defendant's father;

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