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(영문) 대구지방법원김천지원 2020.12.09 2020고단758
특수존속상해
Text

A defendant shall be punished by imprisonment for two years.

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 is a person who suffers from her own injury and is born by the victim B (n, 66 years of age).

On March 26, 2020, at around 20:25, the Defendant thought that the Defendant was a person who would die of the victim without any justifiable reason at the residence located in the Gumi-si C apartment D, the Defendant inflicted an injury on the victim’s face, chests, etc. by using a knife (22cm in length, 34cm in length) and causing a multiple knife in which the number of treatment days cannot be known.

Accordingly, the defendant carried dangerous things and inflicted an injury on the victim who is a lineal ascendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. A photograph of the scene of injury;

1. Application of Acts and subordinate statutes of the general medical certificate;

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

1. Article 10(2) and Article 55(1)3 of the Criminal Act for the mitigation of mental disorders (in light of the written opinion on the defendant, medical records, etc., it is deemed that the defendant committed a crime under a state that the defendant lacks the ability to discern things or make decisions due to an injury or illness, etc.);

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, Article 44-2 (1) and (2) and subparagraph 1 of Article 2-3 of the Medical Treatment and Custody, etc. Act (the defendant is a mentally handicapped person whose punishment is mitigated pursuant to Article 10 (2) of the Criminal Act and who has committed an offense entailing imprisonment without prison labor or heavier punishment. In light of the details and details of the crime in this case, the defendant's behavior before and after the crime in this case, details of the defendant's treatment, etc., it is determined that the defendant needs to receive medical treatment for

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing criteria (the determination of types) shall be limited to violent crimes; and the injury by special injury and repeated crime (the first type) shall be limited to special injury (the special person who is a person).

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