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(영문) 광주지방법원 2016.07.15 2016고정893

상해

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant had difficulty in repulmonation while drinking 2 diseases at the mixed house, and was transferred by the 119 first-aid vehicle to the chemical sub-presidential emergency room.

On April 9, 2016, the Defendant: (a) asked the victim B (34 years of age) who was a doctor on duty to leave the hospital on the ground of Madson’s Madson’s Madson’s Madson’s Madson’s Madson’s Madson’s Madson’s Madson’s Madson’s Madson’s face was damaged by the victim’s Madson’s face face that requires approximately one week’s treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made to the defendant in each protocol concerning the suspect interrogation of the police;

1. Statement in the second police statement protocol against B;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment is not good in that the defendant has sought the intention on duty of an emergency room where the patient (the defendant) seeks to confirm the patient’s condition without any special reason.

In 2014, the defendant was sentenced to suspended sentence due to the same crime, and there are five criminal records in total for the defendant.

There was no recovery of damage.

However, the degree of injury is minor.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per the order.

It is so decided as per Disposition for the above reasons.