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(영문) 창원지방법원 2018.09.14 2018고단1930

상해

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

The defendant is a person who had been aware of the victim B (64 years) who was the son of the defendant or her husband and was living together with the victim B (64 years) who was living together with the defendant.

피고인은 2018. 6. 8. 17:50 경 창원시 진해 구 C에 있는 위 피해자의 집에서 피해자와 함께 술을 마시다가 이전에 서운한 일이 있었다는 이유로 피해자를 마당으로 데리고 나가 주먹으로 피해자의 얼굴을 수회 때리고 벽에 기대어 쓰러져 있는 피해자의 얼굴을 발로 3회 가량 걷어찼다.

As a result, the Defendant brought an injury to the victim with an open two wound, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D and B;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photographs taken to inflict damage on victims;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant, without any particular reason, abused a victim, who is a dead money, in a non-discriminatory manner; and (b) sustained injury requiring treatment for about four weeks; and (c) the Defendant’s liability for the crime is not easy in light of the details thereof, the method thereof, and the degree of injury suffered by the victim.

Furthermore, in light of the criminal records of the defendant, the attempt to kill the defendant seems to have been punished by imprisonment with prison labor for 10 years and released from prison, and the fourth crime committed within the period of repeated crime.

However, the defendant reflects his fault in depth.

It seems to be a crime that has been committed by a sudden interference during the period of drinking, such as the victim.

After the crime, the victim was killed and the victim did not want the punishment of the defendant.

There has been no same criminal record during the last ten years.

In addition, the sentencing conditions such as the defendant's age, sex, environment, circumstances, and circumstances after the crime are considered.