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(영문) 서울북부지방법원 2019.06.20 2018고단5249

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 July 30, 2018, at the front of Dongdaemun-gu Seoul Metropolitan Government, the Defendant: (a) caused the injury to the victim D(54) who is the spouse of C, while she had a verbal dispute with C residing in neighboring areas; (b) caused the victim’s face by drinking it; (c) was shaking the victim’s face; (d) was satisfing the victim’s face by drinking it; and (e) was satisfing the victim’s face with her head for about 29 days; and (e) suffered from the victim’s face for approximately 29 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (referring to the submission of a medical certificate of injury to a victim, and a change of the name of suspected crime, attach photographs to the upper part), a medical certificate of injury, each photograph, an investigation report (related to on-site verification and attachment of images of witnesses), CDs, caps photographs, and a criminal investigation report (report on the process of violence against the victim);

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing ground of Article 334(1) of the Criminal Procedure Act of the provisional payment order is serious in the degree of injury inflicted on the victim, and the fact that the defendant has a record of having been punished for the same kind of crime is disadvantageous to the defendant.

However, it appears that the defendant recognized the crime of this case, 4.5 million won was paid to the victim, and the victim did not want the punishment of the defendant, etc., taking into account the circumstances favorable to the defendant, such as the defendant's age, health conditions, home environment, motive and circumstance of the crime of this case, and circumstances before and after the crime, etc., and the punishment is determined as ordered by the order.