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(영문) 대구지방법원 2017.10.26 2017고단4710

상해

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On May 24, 2017, the Defendant was sentenced to two years of suspension of execution on June 1, 2017 by the Changwon District Court for obstruction of business, and the said judgment became final and conclusive on June 1, 2017, and is currently under suspension of execution.

At around 19:50 on July 17, 2017, the Defendant: (a) at a D restaurant located in Cheongdo-gun, Cheongdo-gun, Cheongdo-do-si; (b) at around 19:50 on around 19:3, the Defendant expressed the victim’s desire to have any financial problem with the victim E (57) and money problem; (c) at once, the victim’s face is hicked by hand; and (d) at the bottom where the beer’s disease was located, the Defendant faced with the beer’s face, and caused damage to the victim’s base, such as salt, tension, growth, and proposal, which require treatment for about 14 days, due to the outbreak of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. A written diagnosis of injury;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the history of probation of a suspect) statute;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. In that the defendant's reason for sentencing of Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order has not been aware of during the period of suspension of execution and has committed an injury, it is necessary to severely punish the defendant.

However, there is a reason to consider the motive for committing this case while the defendant was in a dispute with money in the absence of money lent to the victim E.

In addition, the defendant made efforts to recover damage and agreed with the victim, and the victim does not want the punishment of the defendant.

Although the defendant has been punished for the same kind of crime in the past, there is no record of punishment for the same crime except before the suspended sentence in the judgment after 2010.

After the defendant has divorced from his wife, he is unable to support the married couple, and the surrounding branch and his family are limited to this time.