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(영문) 대구지방법원 상주지원 2019.07.25 2019고합21
특수존속상해등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On February 1, 2019, the Defendant was sentenced to eight months of imprisonment for a crime of bodily injury resulting from special violence at the Daegu District Court, and completed the execution of the sentence in the Daegu Prison on March 14, 2019.

1. On May 30, 2019, at around 19:35, the Defendant damaged the Defendant’s residence of the Defendant, his father and the victim B (Nam, 76 years of age), who was the father and the victim of the Defendant in Ycheon-gun, Yancheon-gun, Dacheon-gun, by putting the Defendant into the floor the “presibleness about how to live in the future”. However, the Defendant destroyed the Defendant’s electric spawned, by putting electric spawned, wooden, wooden brued, etc. on the floor, and destroying the Defendant’s electric spawned, 1, 1, 2, 2, 4, 4, 1, 1

2. In the time and place mentioned in the above paragraph 1 above, the victim, who reported that the defendant is accompanied by things, gets the defendant into the dwelling place, and the defendant's act is frighter (3m in length and 5m in diameter) which is dangerous things, one time the victim's right chests of the victim, and the victim walked the victim's right bridge one time on the right side on the ground that the victim reported to the police, and fright the victim requires treatment for about 14 days.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning B;

1. Report on the occurrence of a case, and report on internal investigation (Evidence Nos. 2, 3, 9);

1. Family relation certificate:

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (A) and Acts and subordinate statutes to criminal records, investigation reports (verification of facts during the period of repeated crimes of a suspect);

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (2) of the Criminal Act (a point of injury to a special ascendant), and 366 of the Criminal Act for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Concurrent Crimes.

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