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(영문) 서울남부지방법원 2020.07.22 2020고정1216

상해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 26, 2020, at around 17:38, the Defendant, while drinking alcohol together with D and E, etc., in Guro-gu Seoul Metropolitan Government “C”, listened to the horses “hingingly, strawing, and drinking soon” from the victim F (55 years of age) who is a next customer, and sent to the victim’s speech, and received the victim’s behavior and reflect, and had a dispute.

Therefore, when the victim stated that "the victim is hicker's age and speaks against the victim's face, the defendant took the victim's face twice a week, taken the head's face one time, and suffered bodily injury, such as unfashing in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Although the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the confession and reflect of the defendant, that there is an agreement with the victim, that there is a family member to provide support, and that there is no economic situation, etc., the victim seems to have undergone considerable physical and mental pain due to serious injuries, such as the felball and alone, and that there is a possibility that a post-bebris might remain in the future, the case is not easy, taking into account all the factors such as the motive and circumstance of the crime in this case, and the balance between sentencing and similar cases, the amount of the fine for the summary order is determined by taking into account the above favorable circumstances, and there is no change of circumstances that could otherwise be reduced.