(영문) 대전지방법원 천안지원 2019.01.31 2018고단2657

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 천안지원 2019.01.31 2018고단2657

특수존속폭행

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On September 14, 2018, the Defendant was sentenced to two years of suspension of execution on September 22, 2018 in the Daejeon District Court’s Support for Special Intimidation, and the judgment became final and conclusive on September 22, 2018 and is currently under suspension of execution.

【Criminal Facts】

At around 21:10 on October 24, 2018, the Defendant: (a) at the residence of the Defendant and the Defendant’s mothered victim C (the age of 80) in Seo-gu, Seo-gu, Seo-gu, Seo-gu; (b) at the residence of the Defendant (the age of 80) and the Defendant’s mothered, the Defendant took money from the victim while drinking alcohol in the victim’s and the living room; (c) listened to the Defendant’s speech that the Defendant took money from the victim while drinking in the living room; and (d) took a hump (the total length of 38 cm) used in the course of drinking trees in his room; and (d) took the hump (the length of the hump) used in his room, and she took the hump to the victim’s head once, but committed so as to prevent the victim from selling the hum.

In this respect, the Defendant, carrying a dangerous object, and assaulted the victim who is in existence.

Summary of Evidence

1. Each legal statement of witness C and D;

1. Each prosecutor's statement concerning C and D;

1. Each police statement of C or D;

1. On-site photographs;

1. Investigation report (verification of the parts of damage), and photographs of the parts of damage;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (the previous records and confirmation of a suspect), application of Acts and subordinate statutes to the written judgment;

1. Article 261 and Article 260(2) of the Criminal Act regarding criminal facts, Articles 261 and 260(2) of the Criminal Act regarding the selection of a sentence, the hives, which are dangerous articles for the sentencing of imprisonment, are very cruel and fatal, and thus, are committed. Nevertheless, the crime is denied and is not contradictory to the denial of the crime, and the period of suspension of execution due to special intimidation committed by intimidation is still in force. However, the judgment becomes final and conclusive.

참조조문

-형법 제260조 제2항

-형법 제261조

유사 판례

-서울동부지방법원 2014.12.05 2014고단3040

-대구지방법원 2019.03.21 2018고단4079

-대전지방법원 천안지원 2019.09.19 2019고단1817

-대구지방법원 상주지원 2013.05.07 2013고단107

-대구지방법원 2015.05.26 2015고단1375