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(영문) 제주지방법원 2013.07.12 2013고정471

상해

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

(2) On April 9, 2013, the Defendant was sentenced to imprisonment for two years with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, injury by a deadly weapon, etc.) at the Jeju District Court on April 9, 2013 and the judgment became final and conclusive on April 17, 2013.

【Criminal Facts】

At around 23:00 on February 1, 2013, the Defendant: (a) brought an injury on the victim C (the age of 28) and the vehicle driving problems on the roads adjacent to the building B in Jeju; (b) caused the Victim’s chest by hand to the victim’s face while pushing the Victim’s chest and drinking the Victim’s face; and (c) caused the Victim’s injury, such as closed coke, bones, etc., requiring three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning criminal facts and the choice of punishment: Article 257 (1) of the Criminal Act;

1. Handling concurrent crimes: The latter part of Articles 37 and 39 (1) of the Criminal Act (limited to concurrent crimes with the violation of the Punishment of Violences, etc. Act in the judgment of final and conclusive);

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. A provisional payment order: A sentence shall be imposed as ordered in consideration of all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A favorable circumstance that recognizes the facts of a crime: The injury suffered by the victim is not provided, the damage is not recovered, and the criminal defendant has a record of criminal punishment more than ten times for the same crime at the same time: A sentence shall be determined in consideration of the facts constituting the crime of the violation of the Punishment of Violences, etc. Act (a 4-way injury by using a deadly weapon) and normal relationship (agreement) with the crime of the violation of the Punishment of Violences, etc. Act (abbrut injury by using a deadly weapon), and all the circumstances of the crime of the instant case. It