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(영문) 의정부지방법원 2019.05.16 2018고정1607
상해
Text

Defendant shall be punished by a fine of KRW 500,000.

However, the execution of the above fine for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person with a mental disorder of Grade III due to symptoms, such as the early disability.

Around 20:50 on February 3, 2018, when the Defendant lacks the ability to discern things or make decisions due to mental illness, such as a mental disorder, etc., the Defendant paid the purchase price to the victim D (n, 23 years of age) who is a part-time trainee at the C convenience store located in both weeks B, on the ground that the victim made a payment for the purchase price to the victim d (n, 23 years of age). On the ground that the victim made a false representation and made a return to the victim, the Defendant suffered injury, such as the victim’s head recovery, and the injury to the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A photograph of damage and a written diagnosis of injury;

1. Application of Acts and subordinate statutes to investigation reports (on-siteCCTV investigation);

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Statutory mitigation (non-incompetent) Articles 10(2) and 55(1)6 of the former Criminal Act (amended by Act No. 15982, Dec. 18, 2018)

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (the fact that the crime in this case is recognized and reflected, the first offender, the fact that the person has been diagnosed as the early disability with mental disorder Grade III, the age, character and conduct, environment, etc. of the defendant

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

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