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(영문) 인천지방법원 2020.11.12 2020고정1877

상해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On March 1, 2020, at around 01:22, the Defendant, while making a telephone conversation with the victim D (manam and 45 years of age) in front of the Yeonsu-gu Incheon Metropolitan City, had the victim claimed in order to comply with it, and caused injury to the victim on the face of the face of the victim who was found in order to comply with it, and caused the injury to the victim on the face of the inner part and the blood transfusion for about three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the written injury diagnosis of D;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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. Scope of punishment by law: A fine not exceeding 10 million won;

2. The sentencing criteria are not applicable as the scope of a fine according to the sentencing criteria has been selected;

3. The crime of this case is found to be disadvantageous to the defendant, such as that when the defendant takes up the face of the victim over several weeks, the defendant inflicted an injury in need of a medical treatment for about three weeks, in light of the content of the crime, the liability for the crime is grave, the degree of violence and the degree of injury of the defendant, the defendant has not been somewhat weak, and the defendant has not yet been able to take advantage of, or recover from, the victim.

However, it was found that the defendant led to the confession of the crime of this case, and that the victim made the statement that the victim died while finding the defendant, and that the victim made the statement that the victim died by telephone from the police.

(Evidence Records 19 pages). The victim committed the crime of this case by the defendant who was found to have committed the crime of this case by contingency, and there are some circumstances to consider the circumstances leading to the crime of this case, and the defendant did not have any criminal records over the past. The defendant's age, character and conduct, environment, motive for the crime.