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(영문) 대구지방법원 2017.06.09 2017고합144

존속상해등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant lacks the ability to discern things and make decisions due to Compilation mental division.

On March 2, 2017, the Defendant: (a) while making a loan-related currency within a residential area located in Yongcheon-si, Si around 16:35 on March 2, 2017, the Defendant: (b) cut off the victim D (67 aged) who is the father of the Defendant, and then throw away the victim into the floor by cutting off the victim’s shoulder; (c) laid down the victim’s shoulder by hand; and (d) took the victim’s back water by a sliding the victim’s back water; and (d) inflicted an injury on the victim who is a lineal ascendant and descendant of Yongcheon-si, who is the victim of the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each photograph (the list Nos. 3 and 7), written request for medical treatment;

1. Application of Acts and subordinate statutes to investigation reports (a letter of confirmation of hospitalization of the person under investigation and submission of opinions);

1. Relevant Article 257 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 257 (2) and (1) of the same Act concerning the selection of punishment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Articles 2-3 subparagraph 1, 44-2 (1) and 44-2 (2) of the Act on the Observation, Treatment, Care, Custody, etc. of Medical Treatment and Protection, and the need for issuing medical treatment orders;

1. Scope of punishment by law: Not more than five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of punishment [the determination of types of punishment] and the general injury (the person with special sentencing] mitigated factors - mental and physical weakness, the aggravated factors of punishment in terms of aggravation - the injured party (the determination of the area of recommendation] mitigated area / [the scope of the recommended punishment] reduced area / two months or one year.

3. Determination of sentence: One year of imprisonment, and three years of suspended sentence, the crime of this case committed by the defendant by assaulting the defendant on the ground that his father who suffered damage satise satise was cut off, and the method of assault or the degree of the injury suffered by the victim is not that of the crime.

In addition, the defendant has been subject to criminal punishment for murder.

However, the Defendant immediately after the crime of this case is committed.