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(영문) 수원지방법원 안산지원 2014.04.10 2014고단416

상해

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 2, 2014, around 17:37, the Defendant: (a) sought money from the victim D (the 54 years of age) in front of Sinung-si, and (b) assaulted the victim, such as the victim’s head at a time when the victim’s head was changed, and the victim’s booms the breath, and the victim’s booms the breath part of the breath, thereby causing injury to the victim for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police officer concerning D and protocol of interrogation of the police officer;

1. Application of Acts and subordinate statutes to injury diagnosis certificates and photographs;

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

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

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to have reached the instant crime during the period of suspension of execution for the same kind of crime even though the defendant had a number of criminal records of the same crime, but it is recognized that the defendant has committed the instant crime. However, the defendant is against mistake; the defendant compensates the damage caused by the instant crime in monetary and agreed with the victim; the degree of injury to the victim caused by the instant crime does not seem to be significant; at the time of the instant crime, the defendant appears to have been abused from the victim to an investigative agency; the defendant expressed his intention not to punish the victim; the defendant's age, character and behavior, intelligence and environment; the motive, background, means, method, and consequence of the instant crime; and all other factors of sentencing as shown in the argument of the case, including the circumstances before