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(영문) 대전지방법원 천안지원 2017.01.19 2016고단2153

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

[2] On October 7, 2008, the Defendant was sentenced to a suspended sentence of eight months for a violation of the Punishment of Violences, etc. Act (joint injury) in the support of the Daejeon District Court of the Daejeon District, and was sentenced to a suspended sentence of three years for robbery, etc. at the Daejeon High Court on November 19, 2008. On March 24, 2010, the Defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Protection of Juveniles from Sexual Abuse (juvenile Rape, etc.) and was sentenced to a suspended sentence of three years and six months for a violation of the Act on the Protection of Juveniles from Sexual Abuse. On June 10, 2010, the sentence of each of the above suspended sentence became final and conclusive, and on February 7, 2016, the execution of each of the above suspended sentence was terminated.

[2] On October 3, 2016, the Defendant: (a) around 21:30, and around 21:30, and around 19, Seo-gu, Seo-gu, Seo-gu, Seo-gu, U.S. on the ground that the Defendant was a victim C (26 taxes) who passed the 6-lane 19, and the Defendant was a victim; (b) was able to kill the victim’s breath; (c) breath of the victim’s face and head; and (d) breath of the victim’s head and head were 6 times; and (d) the victim’s head and head were kicked.

As a result, the Defendant inflicted an injury on the victim, such as chins, tensions, etc. requiring the treatment of about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Statement and image of the complaint filed;

1. Description of the written diagnosis of injury;

1. Application of each video statute of the CD that has copied evidence photographs and CCTV images for crime prevention;

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 of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is that the Defendant, without any particular reason, inflicted an injury on the victim while drinking alcohol. The degree of violence by the Defendant, which was confirmed by video of the CD that copied CCTV images for crime prevention, is not easy, and the degree of injury is not that of the victim, such as receiving hospitalized treatment.