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(영문) 창원지방법원 2018.05.18 2018고단376

상해

Text

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

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

Reasons

Punishment of the crime

On November 15, 2017, 19:50 on November 15, 2017, the Defendant: (a) whether the proxy driving fee is high; (b) whether the victim E (50) who is an agent (50) is a substitute engineer, for the reason that the proxy driving fee is high at the front of the restaurant called “D” in the front of the restaurant called “D”.

In doing so, “the victim’s breath with a breath’s breath, was killed in the victim’s face 2 times by hand, and the victim’s face boomed twice by hand, and the head bat once by hand, thereby causing injury to the victim, such as the impairment of the breath’s breath, which is necessary for treatment for about two weeks, and the impairment of the bather bat.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (to hear statements from a victim by telephone);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 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.

In particular, even though the defendant is under the suspension of the execution of imprisonment with prison labor for violent crimes, he again commits the same crime during the suspension of the sentence.

However, the defendant seems to reflect his wrongness in depth.

It seems to be a crime that has been committed by a sudden interesting and contingently during a dispute with a victim who is an acting driver and the fee.

The degree of injury suffered by the victim is not much serious.

Afterwards, 1.5 million won shall be paid to the injured party, and the injured party does not want to be punished by the defendant.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.