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(영문) 의정부지방법원 고양지원 2018.07.13 2018고단557

폭행치상

Text

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

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

Reasons

Punishment of the crime

The defendant is a resident of Goyang-gu Seoul apartment house located in Gyeyang-gu, and the victim D(64) is the above apartment security guard.

The Defendant and the victim did not have to be able to reach a gap due to the difference in the position to breably boom-ro.

On November 1, 2017, the Defendant, at the above C apartment guard room around 23:40 on November 23:40, 2017, committed an injury to the outside copy that requires treatment for about 57 days by putting the victim’s breath in hand and cutting down the breath door in order to prevent the victim from driving along and driving booming.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to investigation report (the interview with the doctor in charge of victim D), investigation report (the E professor's statement of the victim's office of surgery);

1. Relevant Article of the Criminal Act and Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the selection of punishment for a crime (opportune)

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

1. Article 334(1) of the Criminal Procedure Act provides that the degree of injury inflicted on the victim for the reason of sentencing of Article 334(1) of the Criminal Procedure Act shall not be somewhat weak, and it shall not be deemed that the defendant has received a letter from the injured person until now. However, the defendant is the first offender who has no particular criminal record up to now, the degree of assault that caused the injury is not limited, the victim deposited KRW 10 million with the victim, and it seems that the specific amount of damages is determined and the compensation is expected to be made through the relevant civil procedure, and the punishment as set forth in the order shall be determined by comprehensively taking account of various circumstances such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.