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(영문) 대전지방법원 2020.03.20 2019고단4995

상해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On December 3, 2019, around 06:23, the Defendant injured the victim’s face and bridge by drinking and drinking alcohol on the ground that the victim D(30 years of age) and drinking were neglected, and caused the victim’s injury to the head and other parts open in order to provide approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A criminal investigation report (on-siteCCTV verification, etc.), a criminal investigation report (in relation to the upper part of the victim's left eyebrow), and a criminal investigation report (in relation to the submission of a victim's injury diagnosis report and change of the name of

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) 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 of the provisional payment order is that the Defendant committed the instant crime even though he/she was sentenced to the suspension of execution for six months of imprisonment with labor for special injury by the Daejeon District Court on November 21, 2018 and was sentenced to the suspension of execution for six months, and the Defendant was issued a summary order of two million won due to the crime of injury even in 2008.

On the other hand, the fact that the defendant recognized the crime of this case and is in profoundly against the defendant, that the defendant provided the victim with KRW 10 million, agreed with the victim, and that the victim did not want the punishment of the defendant is favorable to the defendant.

In addition, comprehensively taking into account the following factors, such as Defendant’s age, environment, character and conduct, family relationship, motive and means of the crime, circumstances before and after the crime, circumstances before and after the crime, circumstances with the victim, degree of injury, etc., the punishment as ordered shall be determined.