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(영문) 부산지방법원 동부지원 2021.01.08 2020고단759
특수존속상해
Text

A defendant shall be punished by imprisonment for six 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

On October 7, 2019, at around 22:00, the Defendant sent the face of the victim D (the age of 73) who is fluorous by hand at the Defendant’s residence located in Busan Shipping Daegu apartment C, without any justifiable reason, at around 22:0, the Defendant sent the victim’s face to the entire face by means of plastic materials, which are dangerous objects in the kitchen, and then sent the victim’s face to the entire face so that the number of days of treatment cannot be identified.

Accordingly, the defendant carried dangerous objects and inflicted an injury on a lineal ascendant or descendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photographs of victims of a statement made by the police against D;

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

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

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

1. In light of the content, method, degree of damage, etc. of the instant crime committed by the Defendant with dangerous objects, the Defendant’s liability for the crime is heavy in consideration of the content, method, and degree of damage, etc. of the instant crime committed by a lineal ascendant or descendant.

However, the defendant has an editorial personality disorder, a habitive and impulse disorder disorder, etc., and after this case, he was hospitalized in the E hospital for a period of six months, and seems to have been continuously treated for the symptoms, and the defendant is in depth and continuously treating him as a first offender.

The decision is delivered with the order, taking into account the fact that the victim and his family members want treatment rather than criminal punishment against the defendant, and the motive, means and results of each of the crimes of this case, circumstances after the crime, age of the defendant, sexual behavior and environment, and various kinds of sentencing conditions shown in the records and arguments.

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