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(영문) 울산지방법원 2019.09.27 2019고합91
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in this case, the general structure and fire prevention among the charges in this case are acquitted.

Reasons

Punishment of the crime

At around 22:00 on September 2, 2017, the Defendant, at the house of the Defendant located in Yangsan City, injured the Victim C (n, 63 years of age) on a dangerous object that was inside the house on the ground that she does not give money to her, and caused the Victim’s right wider bridge and the left side gate, etc. to the victim, and caused the Victim’s injury, such as the open room for treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to records in an emergency room, a medical certificate, and a medical opinion;

1. The applicable provisions of the indictment under Articles 258-2(2), 257(2) and 257(1) of the Criminal Act concerning criminal facts contain “Articles 258-2(2), 258(3), and 258(1) of the Criminal Act, which are the applicable provisions of serious injury to a special ascendant, but are deemed to be a clerical error and thus ex officio correct.

Reasons for sentencing

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

2. Extent of the recommended punishment according to the sentencing guidelines (determination of types) [the scope of the recommended punishment] of the special injury, repeated crime injury [the category 1] special injury [the special person who has been injured] of the penalty: The factors of aggravation of the punishment: Victims (the scope of the recommended punishment and the range of the recommended punishment] who continue to exist, the basic area of the punishment, six months through two years [the scope of the corrected recommended punishment according to the applicable sentencing]: Imprisonment for one year to two years (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and thus the minimum of the applicable sentencing range is in accordance with the law).

3. The crime of this case by which a sentence is rendered is that the defendant inflicts an injury on his mother with excessive will.

It is not good that the form of crime is very dangerous and that it is a crime against the continuation.

피고인은 오랜 기간 정신질환을 앓고 있음에도 술을 마시며 약을 제대로 먹지 않았던 것으로 보이고, 사건 당일에도 술에 취해 피고인의 동생과 어머니를 뾰족한 물건으로 위협하였으며, 평소에도 정신병 증세로 집안의...

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