beta
(영문) 창원지방법원 마산지원 2020.04.21 2020고정74

상해

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On December 1, 2019, at around 08:05, the Defendant sustained a bodily injury from the victim D (25 years of age) and the victim D (25 years of age) in front of the “C” located in Changwon-si, Changwon-si, Masan (hereinafter “C”), and was in dispute with each other. As a result, the Defendant was injured by the victim, who was following the Defendant, by taking one time in his/her hand, by taking the face face of the victim, who was suffering from the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes to report internal investigation (the photograph of damaged part of the suspected victim 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 applicable sentences under law: Fines of 50,000 to 10 million won;

2. Non-application of the sentencing criteria: The sentencing criteria shall not be applied by selecting fines.

3. Sentenced public prosecutor: Fines of 700,000 won.

4. The Defendant rendered a sentence of sentence, by hand, injured the victim of his/her face at one time.

However, as a matter of passing the way, the defendant also suffered damage from the victim in the course of dispute as a result of trial.

After the issuance of a summary order, a written agreement containing the fact that the victim does not want the punishment of the defendant was submitted.

Only one fine shall be imposed on the accused for the crime of double crime.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, and all of the sentencing conditions shown in the pleadings, etc., the amount of fine (one million won) prescribed by the summary order is somewhat minor, and thus, the sentence shall be mitigated and determined like the order.