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(영문) 부산지방법원 2013.12.19 2013고단7229

존속상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

While the Defendant was at the third level of mental retardation with mental fluoral disorder and lacks the ability to discern things or make decisions, the Defendant, from around 16:00 to around 21:00 on September 23, 2013, she took care of the Defendant’s house located in Fluor C of Busan for about five hours, on the ground that her mother DNA (73 years old) drinks alcohol and her mother’s “fluoring alcohol” against the Defendant returning home, her head and face, her head and face are shakend, and the Defendant took care of the victim’s chest by drinking. As a result, she took the chest of the victim’s chest, walking the bridge, walking the bridge, she cut the bones, her head and fluoral body, and her part and fluoral part, etc., and she did not know any injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Photographs (victims' part, etc.);

1. Application of Acts and subordinate statutes to investigation reports (including submission of medical opinions and copies of emergency medical treatment set, confirmation of lineal ascendants, etc.);

1. Article 257 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. It is so decided as per Disposition by comprehensively taking into account the factors of sentencing favorable to the defendant, such as the fact that the reason for sentencing under Articles 10(2) and 55(1)3(3) of the Criminal Act for mitigation of mental illness and the fact that the defendant has inflicted serious bodily and mental injury upon the victim who is maternity for a long time, and the fact that the victim does not want the punishment of the defendant, etc.