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(영문) 대구지방법원 경주지원 2017.02.01 2016고단144
존속상해
Text

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

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

The Defendant was hospitalized in C hospital, which is a mental health clinic, due to diversative disorder, etc. from May 8, 2012 to August 15, 2014.

person is a person.

On January 15, 2016, at around 19:12, the Defendant continued to do a drug from the victim E (75 years of age) who was put by the Defendant at the Defendant’s residence in racing D, for the reason that he continued to do so, he left the victim E while drinking, and continued to have the face of the victim F (73 years of age) who is the Defendant’s mother’s relative, taken over the face of the victim E (73 years of age) by hand over the floor.

Accordingly, the Defendant committed the injury of the victim E, i.e., an injury to the victim E, i.e., an injury to the victim E, i., an injury of an open two sufferings requiring approximately 8 weeks medical treatment for the victim F, and an injury to the victim F, such as an injury of an injury to the victim E, without an open two sufferings for about 8 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (fields and photographs of victims), medical certificates, and opinions of victims;

1. Article 257 (2) and Article 257 (1) of the Criminal Act (Options of imprisonment with prison labor) concerning the relevant criminal facts and the selection of punishment;

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

1. Application of the sentencing criteria;

(a) Each crime of bodily injury (the scope of recommended punishment) committed in general, the aggravated area (six months to two years) (special mitigation/increased) (special mitigation/increased person), the injury (one and four types), the injury of which is serious (one and four categories), the injured person in existence;

(b) Scope of modified sentence of recommendation: Imprisonment with prison labor for up to three years;

2. The fact that the Defendant, who was sentenced to the sentence, inflicted an injury on the victims who continue to exist, brought a relatively serious injury to the victims, and at the time, the victims of old age were forced due to the Defendant’s act of violence, is disadvantageous to the victims.

However, there is a confession and reflect of the defendant, and the defendant suffers from the disability of early operation and the punishment of early operation.

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