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(영문) 서울중앙지방법원 2016.05.25 2016고단802

상해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On February 15, 2016, the Defendant: (a) around 07:15, 07:15, at Dong C, the Seoul detention center located in Annyang-ro 143, the Defendant: (b) expressed that the victim D (77 years of age) who was judged at his house was fried by the Defendant while escaping from his clothes and was fluoring dust. (c) When the Defendant was fluoring the Defendant’s face, the Defendant was fluoring the Defendant’s face, and the victim was fluoring the victim’s face part due to drinking, and the Defendant was fluoring the victim from the face part of the treatment days to the second fluor in the left-hand part of the treatment days to the second fluor.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements concerning D in the police interrogation protocol;

1. Each police statement made to E and F;

1. Investigation report (to attach photographs of a suspect D as a result of damage inflicted by the suspect D), photograph;

1. The application of Acts and subordinate statutes of subparagraph (A) of the register of medical obligations of prisoners (A) and register of medical obligations of prisoners;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a fine to choose a sentence (the victim has no measure to recover damage even though he/she has suffered a relatively heavy injury, and the defendant has committed the same kind of crime several times, and in particular, there has been a history to repeatedly and repeatedly commit domestic violence;

On the other hand, however, this case is not considered in the motive of crime because the victim, first, injured the victim by setting up against the victim when the victim faces the face of the defendant.

A series of assaults were committed against the Defendant’s injury.

It is judged that the injury suffered by the victim was the cause of the existing fest disease suffered by the victim.

In addition to the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered.

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;