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(영문) 대구지방법원포항지원 2020.11.18 2020고단1151
특수존속상해
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Criminal facts

The defendant is a victim B (n, 55 years of age).

On August 31, 2020, at around 20:10 on August 31, 2020, the Defendant: (a) considered the victim’s mother, her mother, wanting to drink food and cooking with his body so that he was frighten; (b) held the victim’s fright at the victim’s house located in the D Company C located in Ulleung-gun C; (c) held the bridge (21cc in the knife length of knife); (d) her knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Accordingly, the defendant carried dangerous things and inflicted an injury on the victim who is a lineal ascendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Six copies of the police seizure record 112 reported case handling table, six copies, "police transfer records, written opinions, etc.", victim body and break photographs, family relation certificate, and two on-site photographs;

1. Statement of opinion;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

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

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types]. Special Injury by Bodily Injury and Cumulative Bodily Injury [Special Bodily Harm] - mitigated factors: Reduction factors: In addition, the lower limit of the sentence range recommended by the sentencing guidelines for one year to two years is inconsistent with the lower limit of the applicable sentencing range under law. The lower limit of the sentence range recommended by the sentencing guidelines for one year to two years is inconsistent with the basic area of the victim (the scope of the recommended range and the recommended range) who continues to exist, six months through two years (the range of the recommended range corrected by the applicable sentencing range).

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