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(영문) 대전지방법원 2018.07.20 2018고단997

상해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On February 4, 2018, the Defendant, while playing together with the victim E (the 57-year-old 57-year-old c) in a singing room located in Daejeon U.S., around 20:0, the Defendant, without any reason under the influence of alcohol, placed the victim’s face at the time of the victim’s blick, and had the victim’s face twice due to drinking, and had the victim undergo approximately 5-day treatment, such as the strike and loss of dental appliances necessary for approximately 3-day treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A damaged photograph;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 257 (1) of the Criminal Act and Article 257 of the same Act concerning the crime, the selection of fines;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

In particular, on July 27, 2016, the Daejeon District Court sentenced four months to a crime of interference with the execution of official duties and completed the execution of the sentence on October 8, 2016, and should be aware of the fact that the defendant with the reason for sentencing has been punished several times due to the crime of injury, etc., but the crime of this case is not good.

However, the defendant's mistake is against his own mistake. The victim of this case is suffering from the victim's booming of the defendant without any reason, and there are some circumstances to consider the situation, and the victim is not punished by the defendant by agreement with the victim (the victim voluntarily present at the first trial date and expressed his intention not to punish the defendant again). If the victim selects imprisonment, the defendant commits the crime of this case during the period of repeated crime and thus the defendant cannot be sentenced to a fine because he commits the crime of this case. This is because it seems too harsh in light of the above circumstances, the defendant's age, sex, environment, family relationship, circumstances before and after the crime, etc. are revealed in the records and arguments of this case.