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(영문) 인천지방법원 2018.1.12.선고 2017고정2658 판결

상해

Cases

2017 Highly 2658 Injury

Defendant

A

Prosecutor

The court below's judgment on the hand and the court below's judgment on the hand.

Imposition of Judgment

January 12, 2018

Text

Defendant shall be punished by a fine of 2.5 million won. If the Defendant does not pay the above fine, the Defendant shall be confined in a workhouse for a period calculated by converting 100,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal History Office

【Criminal Power】

On June 9, 2016, the Defendant was sentenced to a suspended sentence of two years for a special assault committed by the Incheon District Court on June 9, 2016. The judgment became final and conclusive on June 17, 2016. On February 2, 2017, the Incheon District Court sentenced one year to imprisonment for a violation of the Narcotics Control Act. The judgment became final and conclusive on June 9, 2017.

At around 00:30 on November 1, 2015, the Defendant: (a) requested the victim C, who visited the above Ba, to return to the Dong-gu Incheon Dong-gu B lending within 302; (b) however, on the ground that the victim did not hear the Defendant’s request, the Defendant inflicted an injury on the victim by assaulting the victim, i.e., taking the face of the victim on drinking, and taking the face of the victim for about four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A written diagnosis of injury;

1. Previous records: Criminal records, investigation reports (report on previous records and results of confirmation of dispositions), and judgment;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 257(1) of the Criminal Act; Selection of fine

2. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

3. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

4. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judges Kim Jong-tae