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(영문) 서울중앙지방법원 2017.09.14 2017고단2529

상해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On April 11, 2017, at around 11:40, the Defendant inflicted an injury on the victim during drinking alcohol and knenee on the victim’s face due to drinking and knenee, on the ground that the injured person, while drinking alcohol together with other homeless persons, such as the victim E (50 aged) in the north-gu Seoul Metropolitan City, wished to have the parent of the Defendant. The Defendant inflicted an injury on the victim during treatment days due to the victim’s kne and knee, having the kniff and the rear part of the head cut about about 20 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. Investigation report (related to the verification of the shots);

1. Application of the photographic Acts and subordinate statutes;

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of the workhouses does not focus on the degree of the injury inflicted by the victim, taking into account the degree of the physical force of the defendant, and the degree of the injury inflicted by the victim is not relatively more severe, and the victim does not know well and want to punish the defendant. Although the defendant was punished as violent crimes in the past, most of them had been punished before 203, and they had been punished once by a fine in 2015.

Other conditions of sentencing, such as the defendant's age, sex, family relations, records of crimes, the circumstances of this case, and the future progress, shall be determined in the same manner as the order.