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(영문) 대전지방법원 천안지원 2020.05.19 2020고정58

상해등

Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On June 15, 2019, at around 21:30, the injured Defendant found the victim D(n, 40 years of age) in front of the C cafeteria located in Asan City B, where she drinks with the scams, and caused the victim to face the left part of the coffee machine for a time by pushing the scambing with the scam for a single use, and attached the victim's body by pushing the scaming the scam to the scam and cutting off the body of the scam while walking the scam in front of the C cafeteria. The Defendant inflicted injury on the victim, who walked once with the scam and knam in front of the scam, with approximately three weeks of treatment, such as hand, hand, scam, and other scams, etc.

2. 재물손괴 피고인은 위 1항 기재 일시, 장소에서 위 1항과 같이 피해자 D을 폭행하던 중 그녀가 손에 들고 있던 휴대폰을 낚아챈 다음 바닥에 내리쳐 피해자 소유의 갤럭시8 휴대폰(F)을 수리비 243,000원이 소요될 정도로 손괴하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Written statement of G;

1. On-site photographs (suspects, cell phoness, and places of occurrence);

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

1. Relevant Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act (the point of causing damage to property), and the choice of fines 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. There is no fact that the defendant with reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order has repaid or agreed on the injured party’s damage.

However, the defendant acknowledges his criminal act, and it seems that the victim, who is the spouse in a divorce lawsuit, committed an unlawful act, and the victim seems to have caused this case, and that the degree of injury suffered by the victim is not much serious, shall be considered as favorable circumstances.

In addition, the defendant's age, character and conduct, environment, circumstances of crime, and crime.