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(영문) 대구지방법원 영덕지원 2013.11.13 2013고단183
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)
Text

A defendant shall be punished by imprisonment for two years.

One brooms (Evidence No. 1) seized from the accused shall be confiscated.

Reasons

Punishment of the crime

On September 28, 2013, at around 19:40 on September 28, 2013, the Defendant talked about the issue of the victim D (year 71) who is his father, and property, etc., in the house of the victim D (the father) located in the Danbuk-gun, the Defendant: (a) tried to hear the victim’s words “it is impossible to reduce the percentage of the inside money to the width; (b)” (c) brooms (50 centimeters in length) of trees, which are dangerous objects on the front of the flasp, and (d) died of the head and shoulder of the flap; and (d) flab, the Defendant flabed up the victim’s head, shoulder, etc., which is a dangerous object that the victim was flading the victim, and flabed up the victim by assaulting the victim for about six weeks in order to treat the victim.

Summary of Evidence

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made by the police on D;

1. Each description of the protocol of seizure and the list of seizure, the protocol of seizure and the list of seizure, the investigation report (as regards errors in the length of brooms), the injury diagnosis document, and the family relation certificate;

1. Application of the respective video Acts and subordinate statutes to two copies of photographs (fourths), photographs (nines), brooms photographs, and one photograph;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of applicable sentences under law] 1 year and 6 months of imprisonment [the determination of a sentence] 1 year and 15 years of imprisonment (the determination of a sentence] 1 year and 15 years of special injury resulting from habitual injury, repeated crime, special injury] among the violent crime group / [Special Aggravation] aggravation element: Victim mitigation element (the scope of determination and sentence in the recommended area] : The basic area of the category of habitual injury, repeated injury, special injury resulting from repeated injury among the violent crime group : imprisonment with prison labor from 2 years to 4 years [the general person].

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