2017 Manopo516 Manopolym Assaults

A,

Han Jina District Court Decision 201Na11144 decided May 1, 200

Attorney B (Korean Office)

September 25, 2017

Defendant shall be punished by imprisonment for not less than two years and six months.

Criminal facts

1. Lineal violence:

On April 2017, the Defendant, at the house of the victim D (the 64 years old), who is the mother of the Defendant in Chuncheon C Apartment 102, 202, 202, and 102, expressed that there is no money for the victim to request money from him to drink because he had been playing, the Defendant, who was her mother of the Defendant, had her breast part of the victim's chest by hand.

Accordingly, the defendant committed assault to the surviving victim.

2. Bodily injury;

At around 18:05 on May 28, 2017, the Defendant, while drinking alcohol at a place specified in Paragraph 1, 2017, had the victim enter the house, and had the front door enter the house, and B. D. The Defendant, while doing so, had the victim go beyond the entrance of the front door by sticking down 2 to 3 times the part of the victim’s chest with her hand while taking a bath, let the victim go beyond the front door of the front door, and let the victim go beyond the front door of the front door, and ring down the shoulder and her arms that need to be treated for about two weeks.

Accordingly, the defendant injured the surviving victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs, investigation reports (related to the psychological state of the victim), investigation reports (related to telephone conversations with the victim);

Details), investigation reports (112 Reporting List, etc.)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 257(2) and (1) of the Criminal Act (the point of injury to a lineal ascendant), Article 260(2) and (1) of the Criminal Act (the point of injury to a lineal ascendant), the choice of each imprisonment sentence.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

1. Sentencing criteria;

(a) A crime under subparagraph 1: An injury by continuation;

【Scope of Recommendation】

General Injury in Type 1 (General Injury) shall be the special aggravation (6 months to 3 years).

[Special Person] The victim who is still in existence, the motive for the crime to be criticized

(b) Second crime: Crimes of continuation of violence; and

【Scope of Recommendation】

Violence Crime Category 1 (General Violence) . Special Dangerous Area (from April to June)

[Special Person] The surviving victim, the motive for the crime to be criticized

(c) The scope of final sentence due to the aggravation of multiple offenses: From six months to nine years;

2. Determination of sentence;

The Defendant has been punished several times for violent crimes, and in particular, on July 11, 2008, the Defendant was sentenced to a suspended sentence of 2 months for the crime of injury resulting from the continuation of the Defendant’s home. However, even though the Defendant did not have been sentenced to a suspended sentence of 8 months, the Defendant did not go to his/her parents and children before the instant case was committed, it was decided on January 19, 2017 that he/she would not have access to the residence of his/her parents, who are the place of birth of the instant case, within 100 meters on the ground of violence on the ground that he/she had continued to commit the instant crime, but he/she again committed the instant crime even though he/she had been sentenced to a protective disposition. The victim suffered a very large mental pain due to the Defendant’s home. Moreover, the Defendant had a strong desire and threat to the other family members, and even if considering the strong behavior and attack behavior, it is necessary to prevent the Defendant from executing the sentence more for a considerable period of time.

However, considering the fact that the degree of injury to the victim is relatively not more severe, the fact that the defendant reported to the police and arrested the defendant by ice after the crime of this case, and that the mental illness of the defendant seems to have a significant impact on the crime of this case and that medical treatment is necessary in the future, the defendant shall be considered as favorable to the defendant, and the punishment shall be determined as ordered in consideration of all kinds of punishment factors, such as the age, character and conduct, health

Constitution of the Republic of Korea