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(영문) 수원지방법원 안산지원 2018.1.31. 선고 2017고정1242 판결

상해, 모욕

Cases

2017 Many1242 Injury, insult

Defendant

A

Prosecutor

Kim balance (prosecution) and delay in sentence (trial)

Defense Counsel

Attorney B (Korean National Assembly)

Imposition of Judgment

January 31, 2018

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Reasons

Criminal facts

1. Injury;

At around 09:50 on August 19, 2017, the Defendant stated that, at the opening space of subway lines 4, subway lines 4 located in Ansan-si Member C, Ansan-si, the Defendant: (a) stated that the victim, the victim, was able to take off the subway free boarding card (GPAS card) from his electric wheelchairs cells, and that the victim, who was unable to know the Defendant’s intention, was "Nei????" (b) stated that the Defendant was "Nei??????" (c) the victim made a picture to the victim, and the victim stated that "I am??????????????????????????????????????????????????????????????????

The Defendant spits 3 to 4 times on the face of the victim while taking a bath on the part of the victim, and 4 to 5 to 4 to 10 days on the face of the victim, as he saw electricity that the victim used on the left hand, was frighted on the part of the victim, and 4 to 5 to 10 days on the part of the victim.

2. Definating;

In light of the fact that many people using DNA stations at the time, time, place, etc. mentioned in paragraph (1), the Defendant made a public insult of the victim by repeatedly repeatedly repeatedly insulting the hump, such as “the humb humb humb humb humb humb humb humb humb hum humb humb hum humb hum humb hum humb hum humb hum hum

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of E;

1. A written diagnosis of injury;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 257(1) of the Criminal Act (the point of injury), Article 311 of the Criminal Act (the point of insult), the selection of each fine.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

The following normal relations shall be determined as ordered in consideration of all the conditions of sentencing, including the defendant's age, character and conduct, family relationship, and circumstances after the crime.

· Unfavorable circumstances: The fact that the nature of the crime is not good in light of the motive, method, etc. of the crime, and that the defendant seems to have an attitude to transfer his responsibility to the victim without seriously resisting it.

·The favorable circumstances: The defendant did not have a significant degree of injury suffered by the victim; the defendant was a beneficiary of livelihood and medical care benefits with a cerebral disease; there was no criminal record exceeding fines; and the two times of past records committed before 2002.

Judges

Judges Kim Jong-ap