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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendants are children of victims B (the age of 65).
At around 23:00 on January 23, 2020, the Defendant: (a) returned home at the residential area located in the C Apartment D, Seoul Special Metropolitan City, Nowon-gu, for the reason that he was breadous and smelled in the house, and was living home, and (b) brought about a dispute with the victim; (c) made it difficult for the victim to take a part in the face of the victim due to his drinking, resulting in less than 56-day injury to the victim, i.e., acute cerebral throdism, acute throdism, acute throdism, and acute throdism; and (d) caused the injury to the victim in the state of being aware of the victim.
Accordingly, the defendant injured the victim, who is his lineal ascendant, thereby causing danger to life.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Each investigation report (related to the state of a victim, relation to awareness of a victim, and relation to the present state of each victim);
1. Application of statutes to on-site photographs, copies of medical records, medical certificates of injury, and medical certificates;
1. Article 258 (3) and (1) of the Criminal Act applicable to the facts constituting an offense;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)
1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from one year to seven years;
2. Extent of recommendation [decision of types] according to the sentencing guidelines and the scope of general injury [Type 2] serious injury (special-speed person]: Reduction element of serious injury: Victims who continue to exist [the scope of recommendation area and recommendation range] basic area, one year to two years.
3. The crime of this case by which the defendant, when making a sentence of sentence, injures the victim at several times, and thereby causing danger to the victim’s life, such as causing the victim’s consciousness and condition, is committed. The success of the crime itself, the contents of the crime, and the injury inflicted upon the victim.