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(영문) 서울남부지방법원 2017.07.05 2016고단6513

특수상해

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 23, 2016, around 21:30 on the road in front of Guro-gu Seoul Metropolitan Government, the Defendant assaulted the Victim F (30 tax) of the Victim F (30) on the road in front of the Guro-gu, Seoul, to be a non-nicking problem, thereby getting the head of the victim, thereby getting off the victim's head, and putting about two weeks off the left side of the victim into approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect with respect to F, H and G;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case on the ground of sentencing of the order of provisional payment is not that of the crime in light of the risk of the act or the degree of injury suffered by the victim, by the defendant at prices of the head of the victim with beer disease.

However, in the case of the defendant's confessions of his mistake and reflects his depth, the fact that the same has caused contingent crimes as a result of assault from the injured party, the victim's payment of KRW 20 million to the injured party, the fact that there has been no record of punishment in Korea since entering the country in around 2009, the fact that there has been no record of punishment in Korea, the defendant's family and person with the family are booming the preference, and other conditions of sentencing as shown in the record and change theory, shall be determined as the sentence as shown in the order, comprehensively taking into account all the factors of sentencing in the record and change theory.