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대전지방법원 2014.04.17 2014고정431

상해

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On December 27, 2013, the Defendant: (a) around 23:40 on the front side of the Gama welfare store located in Seo-gu Daejeon, Daejeon, for the reason that D Liop Do-ro driven by the victim C(33 years of age) driven by the victim C while walking, damaged the victim's vehicle by excessively washing the door of the victim's vehicle; (b) the victim resisted the victim; and (c) continuously inflicted on the victim's left face one time, and caused the injury, such as the left flabing flabing, etc., which requires treatment for about 14 days by breaking the flab.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not seem to have shown any history of having been punished for the same kind of crime.

However, the defendant seems to have committed a contingent crime, confession, and is in profoundly against the defendant.

Accordingly, considering all the circumstances such as the defendant's age, character and conduct, environment, motive, means and result of the crime, the circumstances after the crime is committed, the punishment as ordered shall be determined.