(영문) 의정부지방법원 2020.11.26 2019고정1706

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.11.26 2019고정1706

상해

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 is a person who lacks the ability to discern things or make decisions due to severe dementia, etc.

At around 14:30 on June 30, 2019, the Defendant: (a) on the back of the building B located in Yangju-si, on the ground that the injured party C (59 years of age) puts in the tent of the back of the building, and the Defendant argued that the injured party C (59 years of age) is a trial expense, and that the injured party’s neck was frightened by hand, and the injured party’s garrising of the injured party was frightened, and the damaged by hand the injured party’s garrising of the head part requiring three weeks of treatment, damage to the character of the head part requiring three weeks of treatment, damage in detail, and damage to the detailed diversing part, and damage to the injured party.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning field photo C;

1. Application of Acts and subordinate statutes governing body photographs of victims in a written diagnosis of injury;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 10 (2) and (1), and Article 55 (1) 6 of the Criminal Act that is legally mitigated;

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

1. The reasoning for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant recognized all of the crimes in this case and reflects the fact that there is no record of punishment for the same kind of crime, and that the defendant committed the crime in this case in a state of lacking mental and physical disorder due to severe decline in his ability to regulate behavior due to severe dementia, the overall sense of ability to judge is likely to commit the crime in light of all the circumstances revealed in the trial process, such as the defendant's age, character and behavior, environment, health, criminal records, criminal records, circumstances after the crime, and circumstances after the crime, etc

참조조문

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