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(영문) 서울중앙지방법원 2013.11.28 2013고정5777
상해
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 30, 2013, the Defendant was sentenced to imprisonment with labor for general buildings and fire prevention at Seoul High Court on August 30, 2013, and the said judgment became final and conclusive on September 7, 2013.

In the state that the Defendant lacks the ability to discern things or make decisions due to the personality and behavior disorder caused by brain diseases, the Defendant suffered injury on May 3, 2013 to the left-hand side of the treatment days due to the following: (a) within the 8 room of the Seoul Detention Center, which was located in 143, Jinyang-ro 19:20 on May 3, 2013, 19: (b) while disputing the victim B, who is the actual inmate B; and (c) the victim’s face was taken twice by walking the victim’s face, the Defendant sustained the victim’s left-hand side of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. A report on investigation (a copy of a medical record);

1. Previous records of judgment: Criminal records, investigation reports (recognating repeated offenses against suspects, confirmation of continuance of trials), application of statutes governing judgment;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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