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(영문) 서울중앙지방법원 2013.09.06 2013고합727
상해치사
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

At around 15:00 on May 11, 2013, the Defendant, in the D Park in Jongno-gu Seoul Metropolitan Government, told the victim E (the age of 95) to the effect that he defends the Japanese colonial rule, was under the influence of alcohol, thereby causing injury to the victim in the form of the victim’s body at hand, with the victim’s stick (the length of 80cm, No. 1), with approximately 8 weeks of the victim’s head head, when the victim’s head head head head was able to take about 8 weeks of the victim’s head, while the victim’s E (the age of 95) changed or lacks the ability to discern things or make decisions.

On June 21, 2013, the Defendant, on June 21, 2013, caused the death of a victim who was receiving medical treatment at G Hospital located in the Seoul Jung-gu Seoul Metropolitan Government F due to cerebral cerebral cerebral cerebral cerebral cerebral dys and brain damage.

Summary of Evidence

1. Court statement of the defendant (the fourth court date);

1. Each police statement made to H and I;

1. Photographs of the stick, photographs of the scene at the time of the case, and photographs of the victim;

1. Video recorded in one video CD at the time of the case;

1. Certificates of diagnosis, death certificates, opinions, and copies of medical records;

1. Application of the existing Acts and subordinate statutes to one (No. 1) of the seized stick;

1. Article 259 (1) of the Criminal Act applicable to the crime;

1. Determination as to the defendant's assertion under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental illness and injury

1. The Defendant asserts that, at the time of committing the instant crime, the Defendant was in a state of mental disorder by drinking alcohol.

2. According to each evidence of the judgment, even though the Defendant was found to have committed the instant crime under the state of mental and physical disability under the influence of alcohol, the Defendant was guilty of having committed the instant crime, i.e., the following circumstances acknowledged by each of the above evidence, i., the Defendant’s speech from the victim to defend the Japanese colonial rule. In light of this, the Defendant understood the meaning of the victim’s speech at the time of the instant crime.

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