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(영문) 서울동부지방법원 2017.06.22 2017고합36
존속상해
Text

A defendant shall be punished by imprisonment for four years.

A person who applies for a medical care and custody shall be punished.

Reasons

Criminal facts

In a situation where the defendant and the person in charge of care and custody (hereinafter referred to as "the defendant") lack the ability to discern things or make decisions due to the intellectual disorder of the Chon-si and the Do, 5,000 won was applied to the victim D (56 tax) who was put at the defendant's residence located in Gwangjin-gu Seoul Special Metropolitan City, on November 26, 2016, and 5,000 won was applied to the victim D (56 tax) who was put at the defendant's residence located in Gwangjin-gu Seoul Special Metropolitan City's underground, but the victim's arms, legss, etc. were moved to the victim's face without the victim's money, and walking the victim's face through drinking, the victim's arms, legs, etc. were inflicted on the victim, who is a lineal ascendant or descendant, who is in need of medical treatment for more than three months, such as cerebral lesis

On January 4, 2017, at around 17:57, the victim died due to the damage of the head of the credit in the central university hospital in Gwangjin-gu, Seoul Special Metropolitan City.

Ultimately, the defendant injured the victim and caused the death of the victim.

[Fact of the cause of the treatment and custody] Defendant is a person with mental or physical disability who lacks the ability to discern things or make decisions due to the above disability and commits a crime corresponding to imprisonment without prison labor or heavier punishment, and need to receive treatment at the treatment and custody facilities, and there is a risk of recidivism.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. Statement made by the police for E;

1. Investigation report (related to telephone conversations with a witness, posting of field photographs, and opinion of a doctor in charge);

1. A medical certificate, death certificate, or autopsy report;

1. Family relation certificate;

1. Victims' photographs and Kakao Stockholm photographs;

1. The need for treatment as indicated in the judgment and the risk of recidivism: The following circumstances acknowledged by the aforementioned evidence, namely, the Defendant was hospitalized at a hospital several times from the age of 22 to the time of the instant crime, and the Defendant was hospitalized at the time of the instant crime. The instant crime was also committed by the Defendant.

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