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(영문) 의정부지방법원 2018.04.19 2018고정148

상해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On September 20, 2017, the Defendant was sentenced to one year to imprisonment with prison labor for intrusion on a structure at night at the District Court, theft, etc., and the judgment became final and conclusive on December 29, 2017.

On July 3, 2017, the Defendant, at the center of 57 Man-si, Namyang-si, Namyang-si, at the center of 57 Man-si, brought an injury to the victim's right side by leaving the victim's knife to the knife of the knife without any reason, while drinking alcohol together with the man-si, including the victim B, at the end of the man-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police preparation of B, and statement of injury diagnosis;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the defendant is aware of the criminal facts of this case and reflects his mistake; and (b) the case of judgment at night when the judgment of the judgment of the court is to be judged simultaneously with the case of larceny of intrusion into a structure at night, and the case of equity is to be considered.

However, in light of the contents and methods of the crime, etc., the crime of this case where the defendant inflicted bodily injury on the victim without any special reason is not less than the nature of the crime in light of the contents and methods of the crime, the agreement with the victim or the damage to the victim has not been restored to the present day, the crime of this case has been punished several times due to the crime of this kind, the balance of general punishment in the same and similar cases, the defendant's age, sex, conduct, intelligence and environment, motive, means and consequence of the crime of this case, the circumstances after the crime of this case, criminal records, family relations, and economic circumstances, etc., as ordered in the Disposition.