beta
(영문) 창원지방법원 2018.04.20 2018고단421

상해등

Text

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

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

Reasons

Punishment of the crime

1. On January 20, 2018, the injured Defendant: (a) around 22:40, at the main points operated by the Victim C (Y, 50 years of age) in Kimhae-si B, paid a trial fee to the victim on the ground that the drinking value after drinking alcohol is high; (b) was shaking the victim’s face twice by drinking; (c) was shaking the head debt; and (d) was sleeped by the police officer’s book while being dispatched, so that it was hard for the victim to take care of the victim; and (c) was sleeped by an internal area where the victim needs to receive approximately two weeks of treatment.

2. The Defendant, at the above time and place, destroyed the victim’s property by spreading the bar codes owned by the victim, which were located in the Kabter on the floor on the ground as above, cutting off the card terminal to the table, cutting off the card terminal to the table, cutting off the glass residues on the table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of fines) concerning facts constituting an offense, and Article 366 of the Criminal Act (the point of damage to property and the selection of fines);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant, who had been punished several times due to various violent crimes, committed a second offense without being aware of the past.

From the main point operated by the women who are vulnerable to the crime, violence against women's business owners and damage the main point of view during the drinking price, etc., it is not good to commit the crime.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

It seems to be a crime that has been committed in a sudden fashion by losing and interesting self-defense during the time limit of the drinking value.

Afterwards, 2 million won shall be paid to the injured party, and the injured party shall be punished by the defendant.