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(영문) 서울중앙지방법원 2017.11.02 2017고합657
존속상해치사
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

The defendant is a brain-dead patient who lacks the ability to discern things or make decisions due to the mental delay of longitude, etc., and without any special occupation, has been living together with the victim D (70) and friendly E in the dwelling of the defendant in Gwanak-gu in Seoul Special Metropolitan City.

The Defendant, on the ground that the victim, who is a dementia patient, repeatedly repeats the same horses, assaulted the victim, such as breathing and pushing the victim’s breath, etc., and assaulted the victim with a powdering for each time when the victim’s friendly E does not have the drinking value.

On June 2, 2017, from around 15:00 to 16:00, the Defendant: (a) committed suicide between the victim and the victim, who was a dementia patient while drinking alcohol in the above residential area, on the ground that he repeats and continues to do so; (b) caused the victim’s face part by drinking, such as the victim’s chest, clothes, and the right part; (c) caused the victim’s death by walking the telegraph on hand, such as the victim’s chest, clothes, and the right part.

Accordingly, the defendant injured his lineal ascendant and descendant and caused their death.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Statement with respect to F;

1. A written appraisal by the medical treatment and custody center;

1. Each investigation report (Evidence list 6,19,21,22);

1. On-site reports on results of field identification, on-site reports, and photographs of victims' carcasses;

1. A corpse death certificate and a autopsy report;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article 259 (2) and (1) of the Criminal Act concerning facts constituting an offense and Articles 259 (1) of the same Act concerning the choice of punishment (the occupation of death or injury resulting from continuing existence and the choice of imprisonment for

1. Reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Application of the sentencing criteria [the types of determination] violent crimes, general injuries, and three types of death (if the result of death occurs).

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