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(영문) 서울북부지방법원 2020.10.22 2019고정1642
상해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant was the victim B(46 years of age, women) and was the patient of the C Hospital.

On 20:00 on 28:20 on 2019, the Defendant, within the fifth floor of C Hospital located in Dongdaemun-gu Seoul Metropolitan Government D on the grounds that the victim went away from his own mind at his own mealing room, took the left face of the victim several times, followed by the victim’s face at the right face. On 20:00, the Defendant got around the ground floor to walk up several times with the victim’s face and body going outside the ground floor, thereby requiring approximately three weeks of medical treatment.

Summary of Evidence

1. Hearing of witness's telephone call or statement in part of the defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A medical certificate of injury;

1. Investigation report (on-site CCTV images);

1. Application of statutes governing CD production of field CCTV;

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

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

1. The defense counsel in the determination of the defense counsel's assertion under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserted that the defendant was in a state of mental disorder, but the defendant did not have a state of mental disorder at the time of the determination that the defendant was in a state of mental disorder, but was treated as a mental hospital only

Therefore, the defense counsel's above assertion is rejected.

The reason for sentencing does not reflect the crime committed by the defendant, but considering the fact that the defendant suffers from mental illness as a first offender, a minor part of damage, and a defendant suffers from mental illness.

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