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(영문) 부산지방법원 서부지원 2017.09.14 2017고단451
존속상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

under the state that the Defendant lacks the ability to discern things or make decisions,

1. On April 18, 2017, at around 14:00, the Defendant was assaulted on the front side of the guard room for apartment houses located in Busan, Seo-gu, Busan, about 233, a 1st century, on the following occasions: (a) on the part of the Defendant: (b) on the part of the Defendant, he was given to the Defendant an urban village received from his father, his father, his father, who was his father of the first month ( South, 75 years old); and (c) on the part of the Defendant, the Defendant was drinking, and the Defendant did not change his fry, so that he was “the head of the city,” but the Defendant was called “the head of the Si,” but the victim was found to have discovered a person who was suffering from the city. However, the Defendant assaulted the victim on the hand floor by putting the victim’s chest on one stop and cutting over the floor by

2. On April 19, 2017, at around 12:10 on April 19, 2017, the Defendant suffered medical treatment to the hospital due to the above assault at the victim’s residence located in Busan Heung-gu, Busan, the Defendant suffered from the victim’s disease.

"To see, as a drinking, the victim's face is hicked up to four times, and hacks the victim's face with hand, and hacks the victim's body part due to drinking hacks the victim's body part, which needs approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions of the Criminal Act, Articles 257(2) and 257(1) of the Criminal Act (the point of inflicting bodily injury) concerning criminal facts, Article 260(2) and 260(1) of the Criminal Act (the point of continuing to exist) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Articles 2-3 subparag. 1 and 44-2 of the Act on the Protection, Observation, Medical Care, Care, etc. of the Defendant was that the Defendant assaulted and injured the surviving victim, and the victim wanted to punish the Defendant.

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