beta
(영문) 대구지방법원 2020.09.08 2020고단3726

상해

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 19, 2020, the Defendant, at around 07:20 on March 19, 2020, sustained injuries, such as an influence of the number of days of treatment, an influence of the fluence of the victim’s face, and an influence of the fluence of the victim’s face with the victim C (ma and 21 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of CCTV image-related Acts and subordinate statutes to a closure photograph;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Selection of fines for the application of the sentencing criteria and the sentencing criteria shall not apply.

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:

D. Unfavorable circumstances: The crime of this case is a case in which the defendant inflicted an injury on the victim, such as a breathy, etc., and its nature is not good in light of the degree of injury, status, and method of assault, etc.

The Defendant was sentenced to a maximum of four years of imprisonment due to special injury, etc., and a short of two years and six months, and did not commit the instant crime despite the existence of a repeated crime of the same kind.

A favorable circumstances: The defendant recognizes the crime of this case, is against the defendant, and the defendant does not repeat again.

The defendant has reached a unanimous agreement with the victim, and the victim has repeatedly sought the wife of the defendant.