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(영문) 인천지방법원 2015.01.29 2014고단8678
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendants are victims C(74 years of age) and victims D(n, 70 years of age).

1. On November 21, 2014, the Defendant was under influence of alcohol in Gyeyang-gu Incheon Gyeyang-gu and 5 Dong 202 on November 21, 2014, the Defendant: (a) took a bath to the effect that the Defendant did not throw away any object that the frighter victim D, who was a fright, did not sleep, shouldered, and frighted; (b) the Defendant frighted the part of the victim’s left side left side of the victim’s drinking once, and fright up to walk the breast by walking.

As a result, the defendant, who is a lineal ascendant, was unable to know the number of days of treatment.

2. Violation of the Punishment of Violence, etc. Act (injury to a lineal ascendant of a group, deadly weapon, etc.) was committed by the Defendant at the time and place specified in paragraph (1), and the Defendant expressed that the victim C, who was put to a place, takes a bath of the above Defendant’s behavior, “hacking, Chewing spacking,” and sprinking the victim’s right eye part of the victim’s body by drinking in one time, displaying the dangerous object’s body as soon as the dangerous object, and spacked the victim’s body by pushing the victim’s body being tighted to report 112.

As a result, the defendant carried dangerous things and carried them, which makes it impossible to identify the days of treatment for the victim who is a lineal ascendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. Application of the statutes of the sentencing investigation report

1. Relevant legal provisions concerning facts constituting an offense: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (2) of the Criminal Act (the point of personal injury with a deadly weapon, etc.) and Article 257 (2) and (1) of the Criminal Act (the point of injury to a lineal ascendant and the choice of imprisonment);

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (in cases of primary offenders and not subject to punishment);

1. Aggravation of concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 (within the maximum of the punishment);

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Probation and community service order: To recommend the reasons for sentencing under Article 62-2 of the Criminal Act: Special injury;

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