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(영문) 제주지방법원 2015.08.21 2015고정448
상해
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 13, 2015, the Defendant: (a) around 16:10 on March 13, 2015, the victim E (ma, 12 years of age), F (ma, 12 years of age), and F (ma, 12 years of age) wanted to drink within Jeju City; (b) on the part of the convenience store, the Defendant used the victims for drinking several times without any reason; (c) assaulted the victims F; and (d) damaged two parts of the victim E in need of treatment for seven days.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Statement of each damage made by the F and E;

1. The face value of each damaged photograph, related photograph, related photograph, related photograph, the face value of the suspect's assault, and the face value of the container for filling transportation cards;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

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

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant suffered from her own illness at the time of the instant case, and was in a state of mental disability.

2. According to the records, it is recognized that the Defendant continued to receive hospital treatment from around 2012, but in light of the background and method of the instant crime, the method and method of the crime, and the Defendant’s act before and after the instant crime, etc., it cannot be deemed that the Defendant had the weak ability to discern things or make decisions at the time of the instant crime.

The defendant and defense counsel's above assertion are not accepted.

The fact that the reason for sentencing is recognized as a crime, the injury suffered by the victim E is relatively minor, the defendant suffers from the injury of the victim, and these military register appears to have an impact on the crime of this case (However, it is not visible to the mental disorder or the state of mental disorder) and victims.

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