beta
(영문) 광주지방법원 2020.05.29 2020고단836

상해

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

around 06:00 on August 3, 2019, the Defendant, around 06:0, had a victim D(24 years of age) pay the drinking value on the road prior to the main point of Seo-gu Seoul, Seo-gu, Seo-gu, Seoul.

Along with the victim's face, the victim's face was taken to be taken by the victim.

As a result, the defendant laid down a non-permanent frame in the days of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of medical certificates, CD-related Acts and subordinate statutes attached to a written complaint prepared by D;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as Defendant’s age, character and conduct, health conditions, family relationship, family environment, economic aspects, motive and means of the crime, and circumstances after the crime, the sentence shall be imposed only once.

o Unfavorable circumstances: The part and degree of the victim's injury are not less vulnerable.

On June 21, 2019, the previous court sentenced the juvenile protective disposition on several occasions as violence crimes, and sentenced the probation for two years and six months to imprisonment for rape in the Gwangju District Court on June 21, 2019. The judgment was finalized on June 29, 2019.

Despite the fact, the crime of this case was committed without good faith.

o The favorable circumstances: The victim agreed with the victim in the investigation process of this case, and the victim was not punished against the defendant.

The defendant acknowledges his mistake and reflects his mistake.

As the victim was assaulted first from the victim, the victim was injured by setting up against it, and there are circumstances to take into account the circumstances of the crime.