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(영문) 수원지방법원 성남지원 2018.11.29 2018고단2046
상해
Text

A fine of two 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

The Defendant, as a person with a disability falling under class 2 of intellectual disability, lacks the ability to distinguish things or make decisions. At around August 11, 2018, the Defendant, around 02:30 on August 11, 2018, at D Singing practice place located in Gyeonggi-si, for the reason that the Victim E (39 taxes) cancelled the singing filled by the Defendant in the singing room, he saw the victim’s face, embling the flab, sating the victim’s face on one occasion, and kid the victim’s face, walking the victim’s face, and inflicted injury on the victim, such as unfating the 4-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. Application of Acts and subordinate statutes to on-site CCTV images;

1. Relevant Article 257 (1) of the Criminal Act concerning the crime, the choice of a penalty, and the choice of a fine for the crime (the following extenuating circumstances shall be considered for the reasons for sentencing);

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. It shall be considered that the reason for sentencing of Article 334(1) of the Criminal Procedure Act in the provisional payment order is under suspension of execution, and that the degree of injury is not less than that of the defendant, considering the following favorable circumstances: (a) the defendant was disadvantageous to the defendant; (b) the victim and the defendant expressed their intent not to be punished by the initial agreement; (c) the defendant was judged as a person with intellectual disability with the social ability of the level of 1 to 2 years after the prosecution; and (d) the fact that the defendant was judged as a person with intellectual disability with the social ability of the level of 1 to 2 years, and that the defendant's mother is actively protecting and supervising the defendant.

In addition, the punishment is determined as ordered by taking into account all the conditions of sentencing prescribed in Article 51 of the Criminal Act.

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