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(영문) 서울남부지방법원 2012.11.14 2012고단1680
상해
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

Around March 12, 2012, when the defendant lacks the ability to discern things or make decisions due to the division disorder, the defendant deemed that the victim D (12 years of age) and E (13 years of age) in the defendant's residence located in Gangseo-gu Seoul Metropolitan Government to be used as a diameter path, the victim D (12 years of age) and E (13 years of age) are in excess of the defendant's residence fence in order to use it as a diameter path, and he also taken the face and face of D by drinking, walking the part of D's face and face, walkinging in the course of drinking, the victim E's face and body part by drinking, the victim's face and body part by drinking, and the victim's side and body are walking in several times, and the victim's side and body were injured by the victim's injury, such as the left side and dubation requiring one-way treatment, and the injury of the victim's body requiring three weeks' bones treatment.

Summary of Evidence

1. Application of Acts and subordinate statutes on defendant's statutory statement;

1. Relevant Articles 257(1) and 257(1) of the Criminal Act concerning the crime (the following grounds for sentencing shall be taken into account);

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

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

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act for the detention in the workhouses is that the defendant has been punished several times for the same type of crime, and that the degree of damage to the victims is under severe punishment. However, the defendant is currently receiving medical treatment for mental illness, the victims' see the defendant's house as the diameter, the victims' responsibility is considerable, the defendant is against his mistake, and the defendant has committed the crime of this case during the period of repeated crime, and if the defendant selects imprisonment, he shall be punished by a fine in consideration of the above circumstances, such as the defendant's age, character and behavior, environment, health conditions, etc., and the records and arguments of this case.

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