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(영문) 서울서부지방법원 2016.10.14 2016고단416

상해등

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

At around 05:00 on January 6, 2016, the Defendant assaulted the Victim E with “D” in Seoul Special Metropolitan City, with the face of the Victim E (19 years of age) in drinking, and caused injury to the Victim E by having the victim teared and cut in front, etc., and the victim F (19 years of age) who was the Defendant at the time of drinking to the said E in the process of displaying the drinking to the said E, thereby committing assaulting the Victim F, which caused the loss to be 0.5cm by hand, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Application of Acts and subordinate statutes to the victims' photographs;

1. Article 257 (1) of the Criminal Act and Article 257 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Although it is not good to be a repeated crime of the same kind for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the punishment as the order shall be determined in consideration of the fact that the defendant is living against his depth, the victims and the circumstances leading to the crime, etc.