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(영문) 서울북부지방법원 2016.07.21 2015고정1852
상해등
Text

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

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

Reasons

Punishment of the crime

The defendant had weak ability to discern things or make decisions due to stimulative disorder, etc.

1. On May 13, 2015, around 14:00, the Defendant: (a) immediately removed the smoke, etc. installed in the exit out of 338 water basin 4, a Dobong-ro, Seoul Northern-gu, Seoul, without any justifiable reason, in the underground space of the exit; (b) and (c) the Defendant, who escaped, carried the Defendant a victim D (48 years old) who is a subway service; (d) the victim’s body flow and bridge due to drinking and bridge, plicking the victim’s body flow and bridge part at several times; and (e) inflicted injury on the victim, by plucking and plucking the victim with approximately two weeks of fingers for treatment.

2. The Defendant damaged property at the time, time, and place set forth in paragraph 1, and at the same time, and at the above place, the Defendant: (a) abused the victim with no electricity for business used by the victim on his hand; (b) laid the antenna on the ground floor; and (c) destroyed the property so as to have the amount of KRW 1,480,000 for repair cost.

Summary of Evidence

1. Entry of the defendant in part in the fourth public trial record;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, and the selection of fines for a crime;

1. Article 10(2) and Article 55(1)6 of the Criminal Act to mitigate mental and physical weakness (the defendant was in a state of mental and physical loss at the time of damage to property);

However, in full view of the medical certificate submitted by the Defendant and the written confirmation to release the Defendant, it is recognized that the Defendant was physically and mentally in a state of mental disorder at the time of committing the instant crime. However, in light of the background leading up to the instant crime, the means and method of committing the instant crime, the Defendant’s act before and after the instant crime, etc., it cannot be deemed that the said assertion has reached a state of mental and physical loss, and thus, the

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act to attract a workhouse;

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