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(영문) 울산지방법원 2014.07.04 2014고합10

존속상해치사

Text

A defendant shall be punished by imprisonment for four years.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

Criminal facts

The defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") are victims C (the 76 years of age) and women, and the defendant is aware of a usual sternal disease and has weak ability to discern things or make decisions. The victim is a person who lives in a short period since 2008 because it is impossible for him to move with a heavy spheric wave.

In 2003, the defendant lent consolation money to D, who is the birth of the defendant, and the defendant did not pay the consolation money to D in 2003.

At around 09:30 on October 17, 2013, the Defendant, at the time of the victim's house located in Ulsan-gu Eingu, Ulsan-gu 102 on the same issue with the victim, tried to see the victim's face at hand by breaking the victim's desire to "Iskin" as "Iskin," and to see the victim's face by hand, and to see the victim's side side, side, ship, and pelvis.

As a result, the Defendant: (a) caused the victim to have his/her dystroke, double dyke and stroke; (b) the blood from the bones of the left side; (c) the dystroke and the dystroke; (d) the dystroke and the dystroke of the upper half of the body; and (e) caused the victim to have his/her dystroke, namely, the dystroke at the above place around October 22 and 30, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of F and D;

1. A protocol concerning the suspect examination of the accused;

1. The police statement concerning G;

1. A autopsy appraisal report, a mental appraisal report, a family relation certificate, etc.;

1. Photographs of a deceased person;

1. Necessity of the medical treatment as indicated in the judgment and risk of recidivism: Each of the following circumstances, i.e., ① the medical treatment and custody office, where it can be identified by the evidence as mentioned above, report on internal investigation (Search-A), copy of the records of the crime of violence committed by the suspect, investigation report (Attachment to C/C) (Attachment to the details of medical treatment) and response to the details