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(영문) 대구지방법원 2019.06.27 2019고정276
상해
Text

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

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

Reasons

Punishment of the crime

Defendant

A is a patient who is hospitalized in “B hospital” due to depression.

On January 7, 2019, at around 19:30, the Defendant, without any justifiable reason, destroyed the victim E(53 years of age)’s face by exposing the chest in front of the Dog-gu “Dus”, Daegu-gu, Daegu-gu, without any reason, and caused injury to the left side of which the treatment date cannot be known because the victim’s face was taken several times.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The defendant and his defense counsel asserted to the effect that the victim's face was not taken several times after the victim's chest was cut out, but the victim's face was not taken several times. However, according to the witness E and F's each legal statement, the above body photograph, etc., it is recognized that the defendant injured the victim as stated in the judgment of the court. Accordingly, the defendant and his defense counsel's assertion cannot be accepted.)

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The fact that no agreement is reached with the victim, and circumstances favorable to the fact that there have been several times of punishment including the same kind of crime: The defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, etc. are considered as contingent crimes, and the punishment as ordered shall be determined by taking into account the various circumstances shown in the arguments in this case, including the circumstances

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