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(영문) 서울중앙지방법원 2016.07.21 2016고단3091
존속폭행등
Text

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

Reasons

Punishment of the crime

1. Linear assault;

A. On May 11, 2016, at around 07:00, the Defendant assaulted the victim’s head head by drinking balle on the ground that the Defendant d(71) who is the father of the Defendant (71 aged) made a serious speech to the mother of the Defendant at the location of the Defendant’s residence located in Gwanak-gu, Seoul Special Metropolitan City.

B. At around 18:00 on the same day, the Defendant thought that he did not treat the Defendant as a tree at the places indicated in the above 1-A of the same day that he did not treat the Defendant as a tree, and the Defendant used the victim with walking the victim’s right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right side of the

Accordingly, the defendant assaulted the victim who is a lineal ascendant.

2. The Defendant, at the time, and at the place specified in the above 1-A (a) as mentioned in the above 1-A, uses the knife knife knife (20cm in length on the knife) of a deadly weapon, which is a deadly weapon, which he used in the above knife, as a knife of the victim D (71) even after assaulting the victim D (71) at the time and place specified in the above 1-A-A, as the victim’s knife

The victim threatened the victim, considering the attitude that the victim seems to have had to go against the harm such as "".

Accordingly, the defendant carried dangerous objects and threatened a lineal victim.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Relevant provisions of the Criminal Act and Articles 284, 283(2) and 283(1) (a) of the Criminal Act concerning the crime, the choice of punishment (the point of special threat of existence, the choice of imprisonment), Article 260(2) and 260(1) of the Criminal Act (the point of remaining assault and the choice of imprisonment);

1. On July 23, 2015, the Defendant, on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court for the crime of violence committed against the same victim, and is currently under probation for six months, and the same record of criminal acts committed against the victim was two times.

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