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(영문) 전주지방법원 2018.01.12 2017고단2028

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 September 28, 2017, the Defendant: (a) around 20:50 on September 28, 2017, on the grounds that the victim D (the 51-year old-old) who is an acting driver was unable to drive immediately, and (b) was able to kill the victim’s breath with breath’s hand and boom the victim’s breath, and caused damage to the character of the head’s breath in need of approximately two weeks’s treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. Each internal investigation report (related to the attachment of photographs, such as the damaged part, etc. of a victim, and related to the on-site conditions);

1. Application of Acts and subordinate statutes concerning damaged parts and field photographs;

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. There are circumstances that are favorable to the sentencing of Article 334(1) of the Criminal Procedure Act, such as the fact that the defendant acknowledged the instant crime, the fact that the defendant agreed with the victim, and the degree of injury suffered by the victim, etc.

There are records that the defendant has been punished for the same crime.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.