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(영문) 광주지방법원 2016.07.14 2016고단239
상해
Text

The defendant shall be punished by a fine of KRW 1,000,000 (per million), but if the above fine is not paid, KRW 100,000 (per million) shall be one day.

Reasons

Punishment of the crime

On December 29, 2015, the Defendant appealed by the Gwangju District Court with four months’ imprisonment for the crime of destroying special property, etc., but the appeal was dismissed on April 14, 2016, and the judgment became final and conclusive on April 22, 2016, and the first instance judgment was consolidated with the Gwangju District Court 2015 Godan1273, etc., and the appellate court 2016No. 128 of the Gwangju District Court 2015. The Defendant on October 11, 2015, on the ground that around October 10:11, 2015, the Defendant was found to be unable to ban the opening of the victim from the street above his/her residence in Seo-gu, Gwangju District Court 2015.

The victim's bucks bucks, caused the victim's bucks bucks and bucks once each, and caused the victim to suffer approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the police accused;

1. Statement protocol with respect to D by the police;

1. Complaints, injuries diagnosis certificates, video CDs, and field-related photographs;

1. References to inquiries, such as criminal history, sentence of a separate sentence, investigation report on the confirmation of legal detention, and application of Acts and subordinate statutes concerning personal confinement;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are the cases of assault and injury, are not hot in light of the degree of assault and injury in the instant case.

At present, it is judged that continuous treatment or observation is necessary due to the decline or malfunction of the defendant's ability to judge the accident.

It is so decided as per Disposition by comprehensively taking into account all the circumstances regarding the sentencing, such as equity in the case of a trial where a four-month sentence of imprisonment has already been imposed together with a final judgment.

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