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(영문) 대구지방법원 2020.07.22 2020고정702

상해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On October 13, 2019, the Defendant: (a) around 21:50 on October 21, 2019, around 21:50, the second floor of the 2nd apartment building in Daegu Northern-gu, Incheon-gu, where D had snowed with each other; (b) D took the victim’s neck by hand; (c) cut off the victim’s neck with D’s hand; and (d) took the Defendant’s face with hand; (c) took the Defendant’s clothes; and (d) took the Defendant’s body, pushed the Defendant’s body; and (d) put the victim E’s clothes with her hand, put the victim into her seat, and put the victim over the her table.

As a result, the defendant added up 8,9 times the left-hand side of the 28-day medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. Each photograph: “The scene of the crime”, “the front part”, and “CCTV’s images to capture”;

1. Application of Acts and subordinate statutes of the written diagnosis of injury to E;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. Article 334(1) of the Criminal Procedure Act provides that the amount of fine shall be considerably reduced by taking into account the following factors: (a) the fact that the victim suffered a relatively large injury on the grounds of sentencing of Article 334(1) of the Provisional Payment Order; (b) the fact that both parties could not be able to friendlyly agree in the investigation process; (c) the fact that the victim was smoothly discharged from the investigation process; (d) the fact that there was no record of punishment as a violent offender; and