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(영문) 대전지방법원 공주지원 2018.07.20 2018고단136
상해등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

Around 14:50 on March 13, 2018, when the Defendant had no capacity to discern things or make decisions due to his or her on the same disorder, the Defendant inflicted injury on the victim, such as an open medical room where the victim D (41 tax) needs to be treated for about 14 days in consideration of the face of the victim D (41 tax) in front of the public medical care and custody center C, which is located in 253-gild from the beginning of distribution at the time of his or her official residence, without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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. The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as set forth in the text by comprehensively taking into account the circumstances of the defendant at the time of committing the crime, the method of the crime, the degree of injury of the victim, and the fact that the defendant agreed with the victim.

Rejection of Public Prosecution

1. On March 13, 2018, at around 14:55, the Defendant assaulted the victim E (29 years) face on one occasion in front of the Public Medical Care and Custody Center C’s protective room located in a 253-hon-hon-hon-hon-hon-hon-hon-hon-hon-h-on-h-on-h-on-h-on-h-on-h-

2. This part of the facts charged is an offense falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

According to the records, this part of the prosecution can be dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since the victim expressed his/her intention not to be punished against the defendant after the indictment.

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