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(영문) 서울북부지방법원 2016.03.18 2015고단2002

특수존속상해

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant suffered from mental and physical disorder (liver quality, chronological personality, and cognitive disorder) due to brain infection that occurred during military service and brain spaw, and suffered from mental disorder during military service, around September 13, 2014, around 16:10, the Defendant used the Defendant’s father D (83 cm length: 23cc) to put the Defendant’s father’s knife and left-hand arms from the right side to the right side of the victim D, and then put the Defendant’s mother (the mother of the Defendant’s e-mail, 62 knife and the left-hand side of the victim’s knife and the left-hand side of the victim’s knife and the knife of the victim’s knife, without any particular reason.

As a result, the Defendant carried dangerous objects with the victim D, who is a lineal ascendant and descendant, brought about approximately two weeks of medical treatment to the victim D, such as other blood ties on the part of the trees in need of medical treatment, and to the victim E who is a lineal ascendant and descendant, the blood ties on the left side of the days of medical treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on seizure records;

1. Articles 258-2 (1) and 257 (2) of the Criminal Act concerning the facts constituting an offense;

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

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The defense counsel's assertion of the defense counsel under Article 59 (1) of the Criminal Act (the suspended sentence: 3 months of imprisonment) of the Suspension of Sentence asserts that "the defendant has committed a crime under the mental and physical abilities and thus should not be punished." Thus, it seems that there was a serious obstacle to the defendant's mental condition at the time of the occurrence of the instant case, but it was deemed that there was no mental disability at the time of the occurrence of the instant case,

Therefore, the status of the defendant at the time of committing the crime is recognized only as the mental and physical weak.