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(영문) 대전지방법원논산지원 2020.08.12 2020고합20

특수존속상해등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

The facts leading to medical treatment and custody [criminal facts] Defendant and the requester for medical treatment and custody (hereinafter referred to as “Defendant”) committed each of the following crimes under the lack of the ability or decision-making ability to discern things due to shock disorder, degradation of judgment, etc.

The defendant is the children of the victim B (ma, 69 years old and 71 years old) and the victim C (ma, 71 years old) who are married with the couple, and the defendant is living together with the victims in the Chungcheongnam-gun D.

1. Around 20:20 on January 17, 2020, the Defendant damaged the property by putting in the floor one, one square light, one square light, and two meal chairs, from which the market price owned by the victims in a living room cannot be known, on the ground that he was stuffed while cleaning at the above house.

2. The Defendant, a special lineal assault and a special lineal ascendant injury, committed the crime of destruction of the Defendant’s damage at the time and place described in paragraph (1), and the Victim C, by putting the victim C in a stain, which is a dangerous thing in the kitchen, due to the victim C’s harming the Defendant’s crime of destruction, committed the victim C, who is a lineal ascendant, by taking the head part of the victim C once at one time, and by carrying dangerous things into possession.

In addition, the Defendant: (a) committed an injury to the victim B by gathering a lid from a rice storage room, which is a dangerous object in which the victim B had a kitchen; (b) and (c) taking a part of the victim B, the Defendant carried dangerous things and inflicted an injury on the victim B, who is his lineal ascendant, such as a b1-day framework, closure, etc. in need of medical treatment for about 21 days.

[Facts causing medical treatment and custody] When the defendant lacks the ability to discern things or make decisions due to impulses, disorders in judgment, etc., he/she committed each crime stated in the facts constituting imprisonment without prison labor or heavier punishment, and comprehensively takes into account the defendant's state, mental assessment result, etc., he/she is subject to continuous medical treatment at the medical treatment and custody facility because the risk of recidivism is high.