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(영문) 서울서부지방법원 2019.01.30 2018고단4141

상해

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On October 23, 2018, the Defendant was under the influence of alcohol in front of 23:38, 'C' in front of Mapo-gu Seoul, and 'C', and was under the influence of alcohol in front of 'C', and the Defendant was under the influence of alcohol, and was under the influence of drinking and drinking of the victim D (mae, 22 years of age), when the victim’s face was feled due to smoking and reporting on the side of the Defendant, and the victim’s face was stamped with knee, stamped the victim’s head, and when the victim’s body part was feled by drinking, the Defendant was under the influence of alcohol, such as the injury of the victim, such as bones, bones, bones, etc., requiring treatment for about 21 days, and the injury of dynamic water control that requires treatment for about 62 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of a medical certificate for injury), and a criminal investigation report (videos by which a victim is assaulted);

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. Unfavorable circumstances: Crimes of robbery, injury, or special larceny, committed during the period of repeated crime, and the degree of injury suffered by the victim is not minor;

1. favorable circumstances: The sentence shall be determined as ordered in consideration of the fact that the victim agrees to pay 10 million won to the victim and that the victim was the wife against the defendant, that the confession of the crime appears to be against the defendant, and all the sentencing conditions, such as the age, character, conduct and environment of the defendant, etc.;