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(영문) 광주지방법원 2021.03.11 2020고정1001

상해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

피고인은 2020. 3. 15. 03:30 경 광주 서구 B에 있는 C 앞 노상에서 피해자 D(19 세), 피해자 E(19 세) 의 일행과 술에 취하여 시비하던 중, 피해자 D이 피고 인과 피고인의 일행 F 등의 얼굴을 주먹으로 때리자 화가 나서 피해자 D을 말리면서 사과를 하는 피해자 E의 얼굴을 주먹으로 수 회 때리고, 계속하여 피해자 D의 얼굴을 주먹으로 수 회 때리고, 발로 피해자 D을 걷어찼다.

As a result, the Defendant inflicted injury on the victim E, such as double dynasium No. 5 of double dynasium No. 5 of double dynasium, etc., which requires treatment for about 35 days, and inflicted injury on the victim D, such as golding on the bones and bones of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes to report on investigation into the police statement report (the reason for the submission of the written diagnosis of injury and the change into the crime of injury to the name of the crime A) to E;

1. Article 257 (1) of the Criminal Act and Article 257 of the same Act and the selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant recognized his mistake and reflects the Defendant; (b) some of the circumstances to be considered when the Defendant was the victim D; and (c) the victims do not want the Defendant’s punishment upon agreement with the victims are factors for sentencing favorable to the Defendant.

However, considering the fact that the defendant has been punished twice due to the crime of violence, the method and degree of the assault inflicted by the defendant on the victims, and the degree of the injury inflicted on the victims is not less complicated, the punishment prescribed in the summary order is heavy.

As such, the same sentence as a fine is imposed on a summary order.