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(영문) 대구지방법원 경주지원 2017.10.18 2017고단340
존속상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 5, 2017, at around 18:50 on May 18:5, 2017, the Defendant, a lineal ascendant and descendant C (n, 83 years of age) had terminated the monthly rent contract. At the same time, the Defendant, a victim with dementia symptoms, went to his/her own residence, and, on the ground that the victim was refused to do so, was suffering from an injury to the blood booming booming in which the victim had no 8-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of field photographs, investigation reports (related to telephone conversations between witnesses E), investigation reports (related to attachment of a written diagnosis of injury to a victim), investigation reports (related to attachment of a new photograph worn by a victim on the day of the instant case) (applicable to statutes related to attachment of a new photograph

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. A victim who continues to exist in the aggravated area (six months to two years) of the first type of general injury (the scope of the sentencing guidelines for recommendations).

2. In this case, in view of the fact that the defendant's symptoms of dementia inflicted an injury on the mother who has symptoms of dementia, the degree of injury on the victim is relatively heavy, etc., the nature of the crime is not weak.

However, it seems that the defendant led to the confession of the defendant, the defendant seems to have been able to look at the victim by giving him meals to his usual meeting, etc. The victim seems not to have much possibility of contact with the defendant in the future since he was hospitalized in a convalescent hospital, there is a language and visual impairment of the defendant, the primary offender, and all other factors of sentencing as shown in the trial of this case, shall be determined like the order, taking into consideration the factors of sentencing in the trial of this case.

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