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(영문) 제주지방법원 2020.07.24 2020고정294
상해
Text

A fine of three million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

1. On December 10, 2019, the Defendant: (a) around 11:06, and on December 11, 2019, the Defendant: (b) Doespo-si B Apartment-dong B Apartment-dong B apartment complex located in the same apartment complex as the victim D (here, 64 years old); (c) Doespo-vised the victim’s hand by hand; and (d) Dona-vised the victim’s left hand part of the victim’s hand, thereby making up for about two weeks of treatment to the left part of the victim.

2. On December 11, 2019, the Defendant: (a) around 11:25 on December 11, 2019, at the entrance of the apartment welfare center, carried the victim D (at least 64 years of age) and the part of the victim’s chest with a stick carried in in the city with a view to the victim’s chest; and (b) carried the coffee in the hand on the part of the victim’s face, and carried the victim’s chest with a right scarb in need of treatment for up to two weeks.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Partial statement of the suspect interrogation protocol of the defendant prepared by the police;

1. Statement made by the police about D's written statement; and

1. Description of a petition for complaint filed in DNA;

1. Each investigation report (including accompanying documents) on police preparation, each description of the report on video recording of theCCTV / accompanying pictures of the suspect and images (including accompanying documents);

1. Each description of each diagnosis letter on D in preparation of doctor E;

1. Application of related visual Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and each point of judgment on the selection of punishment for the crime: Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment for Concurrent Crimes as provided for in Article 2 of the Judgment No. 1995, Dec. 2, 199)

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

1. 【The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for sentencing of the provisional payment order 【The scope of the sentencing sentence under the law】 A fine of KRW 50,000 to KRW 15 million (in the case of concurrent crimes), 【The sentence of sentence】 The defendant, who is sentenced to a fine of KRW 3 million, is asserting that the fine of KRW 3 million issued by the summary order is excessive. However, on April 5, 2019, the defendant, from the Jeju District Court, was sentenced to a suspended sentence of 2 months for the crime of obstruction of performance of official duties.

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