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(영문) 대전지방법원 2017.01.12 2016고정1398
상해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 24, 2016, the Defendant: (a) committed assault against the victim of the defect that the victim D (V, South, fifty-four years old), who was the patient, takes a bath to the nurse on the ground that a finger operation was conducted under the influence of alcohol in front of the fourth-story hospital in Daejeon-gu, Daejeon on March 24, 2016; (b) the victim of the defect that was the patient under the influence of drinking; and (c) the victim of the defect that “this mp, reported rings, embling down, and down death,” and that the victim’s walked the string of the victim by drinking the victim and drinking the victim’s face once.

In addition, the victim E(the South, the age of 24) of the nursing private victim E(the South, the age of 24) added the Defendant's two arms, and the victim "I wish to live for a long time" and received a part of this part of the victim's math through the following line.

As a result, the Defendant committed assault against the victim E on the base of salt, tensions, etc. of the chills that require approximately three weeks of medical treatment.

2. On March 24, 2016, from around 05:29 to around 05:38 the same day, the Defendant interfered with the nursing services of the nurses of the above hospital by force, such as assaulting the victims as above at the same place as Paragraph 1, 200, booming them in large interest, and booming their happiness.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each statement of D, G and H;

1. Photographs (the content of visual CCTV recording), CDs (personal voice recording);

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

1. Article 257 (1) of the Criminal Act (the point of harm), Article 260 (1) of the Criminal Act (the point of violence) and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the upper limit of fines shall be determined by the crime of interference with duties, and the crime of interference with duties, the crime of assault and the crime of interference with duties, each other, and the punishment imposed on the crime of the most severe injury (see Supreme Court Decision 2000Do1216, Feb. 9, 2001).)

1. Selection of an alternative fine for punishment;

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

1. The order of provisional payment;

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