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(영문) 창원지방법원 2018.07.19 2018고정63

상해

Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On July 4, 2017, the Defendant, at around 22:00, engaged in telephone conversations on the front stairs of a toilet of 35 dong 2,00 a.m. “D Co., Ltd.” located in the Red Sea C, and used telephone conversations on the front stairs of a toilet of 30 dong 2, the Defendant, as one hand, saw the victim’s face into breath, once bat, once bat the victim’s face with other hand, bat off the victim’s face with the victim’s bat, and bat off the victim’s face with the stairs by cutting the victim’s bat, and assaulted the victim’s face face part twice.

As a result, the Defendant inflicted injury on the victim, such as brain-dead sugar, which does not have any one in a open room for approximately three weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. The F's written application;

1. After cutting a Kakao Stockholm conversation (the Defendant only contestsd with the victim only as a dub with a dub and dub with a stairs. While the victim’s statement that corresponds to the facts charged in the instant case can be believed in light of the structure, consistency, etc. of the content thereof, the victim’s statement that corresponds to the facts charged in the instant case is also supported by other evidence, such as the content of the injury diagnosis report, the statement made by the Kakao F, and the content of the Kakao Stockholm conversation between the Defendant and the victim.)

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, expressed the victim’s desire at his own expense and exercised violence.

However, the defendant suffered a greater injury from the injured party immediately after the instant case, and the defendant seems to have withdrawn from the dispute of this case.

In addition, the defendant's age, sex, environment, background leading up to the crime, motive, means, degree of injury, circumstances after the crime, balance with the sentence that the victim received, etc. are conditions for sentencing.