beta
(영문) 창원지방법원 2013.08.14 2013고단1166

상해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 22, 2013, the Defendant: (a) around 23:40, on the street in front of “C” located in the window B of Changwon-si, and (b) on the taxi operated by the victim D (year 58) to the E-si, one man with a non-driving male.

However, when the starting point is delayed for about five minutes because the Defendant did not set a destination due to disagreements with the daily driving and opinion, the victim took a bath, such as "the victim, regardless of whether he or she was inside," "the victim," and "the victim," "the victim, who was leaving the taxi, was "the victim, who will not be a Chewing frighte," so the victim gets out of the taxi.

Accordingly, the defendant left the taxi by drinking the victim's face at 10 times, and left the 14-day care for 14-day care due to going beyond the bridge, and got the victim's face to the left-hand dump, the left-hand dump, the left-hand dump, the left-hand dump, and the inside.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to an investigation report (investigative report, etc.);

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant has been sentenced to 15 times a fine due to heavy and small violent crimes in this case since 1982 and five times a suspended sentence of imprisonment. In particular, in light of the fact that on September 2, 2011, the Defendant committed the instant crime even though he was sentenced to 10 months of imprisonment and a fine of 3 million won at the Changwon District Court and appears to be in the period of repeated offense, and that he did not agree with or have been sentenced to imprisonment, a sentence of imprisonment with prison labor is inevitable.

However, the defendant's recognition of the crime and the defendant and the victim are against the law, and the trial cost surrounding the taxi operation of this case led to the crime of this case, and the circumstances surrounding the crime of this case should be considered in favor of the defendant, and the sentence of imprisonment shall be sentenced to a fine only once in favor of the defendant.