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(영문) 부산지방법원 2013.06.14 2012고합1221

중존속상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Around October 22, 2012, the Defendant lacks the ability to discern things or make decisions due to mental division. Around October 22, 2012, at the house of the Defendant of the second floor of the Busan Young-do C Housing, Busan, on the ground that the son (the 7 years of age) was cruel, the Defendant d's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's her son's son's son.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Investigation reports, such as site visit and site photographs;

1. A report accompanied by a medical certificate issued by the victim D, a photograph hospitalized in the victim D and a statement of opinion attached thereto;

1. Application of statutes to the defendant's opinion (No. 74 of the evidence record), report on the medical doctor's telephone content, and inquiry and reply to the F hospital's inquiry;

1. Articles 262, 260 (2) and (1), and 258 (3) and (2) of the Criminal Act concerning the facts constituting an offense;

1. Determination of the type of punishment [the scope of punishment of a person with a mental disability] for the reason of sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for statutory mitigation [the scope of punishment of a person with a mental disability] for not less than one year [the scope of recommendation]: Violence crime, assault crime, bodily injury (type 2) by assault (type 2] by special person with a mitigated element: - Aggravation of mental disorder (no person with mental disability)