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(영문) 전주지방법원 군산지원 2012.08.24 2012고합144
중상해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 18:30 on December 18, 201, the Defendant had assaulted the victim E (the 55 years of age) who was on dialogue with the victim E (the 55 years of age) who was 1 year in the Gunsan-si C, on the left hand floor of the victim, continuously led the victim's breath, leading the victim's breath, leading the victim's breath, leading the victim's breath, leading the victim's breath, leading the victim to the outside of the breath and the victim'

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

3. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged of the instant serious injury is as follows: (a) the Defendant assaulted the victim as stated in the facts charged and pushed the victim's head against the ground by pushing the victim over; (b) led the victim to an occurrence of danger to the victim's life, such as focusing on the non-permanent and external cerebral cerebrovassis, which requires at least eight weeks of treatment; and (c) leaving the victim in a state of food, clothing, degradation, degradation of recognition disorder, etc.

2. Determination

A. The defendant's defense counsel asserts that although the defendant was her bucked with the victim's her son, the defendant's defense counsel can not recognize the causal relationship between the defendant's assault and serious injury of the victim.

B. Meanwhile, the crime of serious injury is an aggravated crime, and there is a proximate causal relationship between the occurrence of a bodily injury, which is the result of an intentional basic crime, and the occurrence of a serious injury, which is the result of an intentional basic crime, and there is negligence, that is, the possibility of the occurrence of a serious injury. The proximate causal relationship means the probability that it is reasonable to generate the result in light of social experience, that is, it means the probability, and the existence of the possibility should be strictly determined by examining specific situations, such as the degree of assault and the response status of the victim,

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