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(영문) 서울동부지방법원 2013.03.19 2012고정3136
상해등
Text

The sentence against the accused shall be determined by a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. At around 18:30 on August 24, 2012, the Defendant: (a) assaulted the victim E (5) face and part of the victim E (5 years old) and part of the neck of the 3rd floor of the Gangdong-gu Seoul Hospital Rehabilitation Service, on the ground that the victim D (48 years old) “I am able to enter only the first-class user of the 1st degree, making I am am bling with the victim D’s left hand hand, ambling the face, ambling the face, making I am ambling the face, etc. for about three weeks of treatment; and (b) assaulted the victim E (5 years old) with the victim E (5 years old)’s face and part of the neck to drinking with the floor of the son and the part of the knish; and (c) assaulted the victim E for about two weeks of treatment.

2. On August 27, 2012, around 15:55 on August 27, 2012, the Defendant assaulted the victim D by pushing ahead of the wheelchairs-gu Seoul Metropolitan City C Hospital Rehabilitation Service’s first floor elevator, and the victim D, who was refused to do so.

Summary of Evidence

1. Legal statement of witness D;

1. Written statements of D;

1. Case guards (D);

1. On-site photographs and photographs of crimes;

1. Each injury diagnosis letter (D, E);

1. Application of Written Opinions (D) legislation

1. Relevant Article 257 (1) and Article 260 (1) of the Criminal Act, the choice of a fine for a crime, and the choice of a fine for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. There is room to view that a fine of KRW 2 million as stipulated in a summary order may be imposed on a defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, such as: (a) if he/she has committed an assault against a victim who has inconvenienceed body, he/she did not endeavor to recover damage; and (b) denying a crime.

However, there are circumstances to consider the circumstances leading to the instant assault, the degree and result of the assault is not hot, and the defendant's body is inconvenient as an old age.

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