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(영문) 의정부지방법원 2015.02.05 2014고정2604
상해
Text

Defendant shall be punished by a fine of KRW 80,000.

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

Reasons

Punishment of the crime

At around 22:15 on July 30, 2014, when the defendant lacks the ability to discern things or make decisions due to mental illness, the defendant suffered injury, such as the victim E (the age of 17) who passed the affected area on the roads in front of the D Hospital located in Namyang-si, Namyang-si, on the ground that the Cheongyang-si, without any justifiable reason, went to the victim E (the age of 17) by drinking several times, and caused the victim to suffer injury, such as the victim's face of the victim's 21-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

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

1. As to the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant and his defense counsel asserted to the effect that the Defendant was in a state of mental disorder at the time of committing the instant crime. Thus, in light of the background leading up to the instant crime, the means and method of committing the instant crime, and the Defendant’s speech and behavior before and after committing the instant crime, even though it appears that the Defendant was suffering from mental illness at the time of committing the instant crime, it cannot be acknowledged that the Defendant was in a state of having no ability to discern things or make decisions, and thus, the Defendant and his defense counsel’s defectiveness argument cannot

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