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(영문) 대전지방법원 2020.04.07 2020고정58

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

On July 15, 2019, the Defendant: (a) around 14:45, at the Seo-gu, Seo-gu, Daejeon, brought a dispute with the victim D (the age of 66) due to parking problems; (b) on July 15, 2019, the Defendant brought a bodily injury on the part of the victim, i.e., the victim, who was taking a bath to “I am, I am you am you am you am you am you am you am you am you am you am you am you am you am you am you am you am you am you am you am you am you am you am you am you

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect interrogation of D (a victim DNA has been examined for committing violence against the defendant);

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: A fine not exceeding ten million won;

2. Circumstances unfavorable to the defendant in determining a sentence: The degree of injury suffered by the victim shall not be minor;

Circumstances favorable to the defendant: The defendant shall not have the victim punished by an agreement by paying money to the victim.

The victim parked in order to avoid leaving the vehicle of the defendant, and the defendant was forced to use the vehicle urgently to leave the work. The victim who was under contact with the defendant seems to have committed a contingent crime committed by the defendant by breaking down the reason so that he was so parked.

The Defendant recognized the instant crime, thereby contravening the wrongness.

In addition, in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined in accordance with Article 51 of the Criminal Act.