(영문) 전주지방법원 2017.02.28 2016고정1011

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(영문) 전주지방법원 2017.02.28 2016고정1011

상해

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a disabled person of class 2 with intellectual disability who is engaged in and lives in labor at the present residence.

The defendant is a victim C(39 years) person who is in a relationship with the victim C(39 years) and who suffered damage from the victim for the traffic accident case.

On August 25, 2016, on the ground that the notice was made, the victim was suffering from the Defendant’s house located in Kim Jong-siD on August 19:30, 2016, resulting in an injury to the Defendant’s house that requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant again commits the same kind of crime despite the fact that he/she had been punished by a fine in around October 2012, despite the fact that he/she had been punished by the same type of crime, such as being sentenced to a punishment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities) at this court (this Court 2013 High Court Gohap182) and appealed against it and was sentenced to imprisonment for a period of two years and six months at the Gwangju High Court (Seoul High Court 2013No. 280), and that he/she again commits the same type of crime in spite of the fact that he/she had been punished by the same type of crime, and that he/she is a criminal against the victim who had aided his/her life.

However, the fact that there is an agreement with the victim at the stage of investigation, the fact that the defendant is difficult to be a beneficiary or disabled person, and the fact that the defendant somewhat contingently committed the dispute with the victim who is a private village to assist the defendant in dealing with his/her traffic accident is a favorable condition for the defendant

In addition, considering all other circumstances prescribed in Article 51 of the Criminal Act, the punishment as per the disposition shall be determined.

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