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(영문) 서울서부지방법원 2016.09.23 2016고정737
상해
Text

Defendant shall be punished by a fine of KRW 100,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On February 5, 2016, the Defendant: (a) around 18:50, and around 50-1, had weak ability or decision-making ability to discern things due to editing colon, mental division disease, etc., the Defendant, at around 43A C (n, 23 years old) of the victim C (n, b3 years old) who is the patient of the same hospital without any particular reason, inflicted injury on the victim by walking the left part of the victim C (n, b3 years old) one time to require approximately two weeks of treatment.

Summary of Evidence

1. Each police statement made with respect to C and D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to each investigation report (such as a medical certificate and opinion with respect to the accused person, interview with the suspect and opinion from the doctor in charge);

1. Article 257 (1) of the Criminal Act and Article 257 of the same Act concerning the crime, the selection of fines;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

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

1. The defendant and his defense counsel asserts that the defendant was in a state of mental and physical loss at the time of committing the crime as to the argument of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act.

However, in light of various circumstances, such as the background of the crime, the medical certificate against the defendant, and the statement of opinion, the defendant does not seem to have the ability or decision-making ability to discern things at the time of committing the crime. The defendant does not appear to have the ability to discern things at the time of committing the crime.

Therefore, we cannot accept the defendant's and defense counsel's arguments.

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