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(영문) 인천지방법원 2020.08.27 2020고정1051

상해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant and the victim are the neighbors.

Defendant

At around 14:10 on June 19, 2019, A (the age of 67, South) suffered from the injury that the victim D (the age of 84, South) was defective on the ground that the victim D (the age of 84) was slick in the front corridor of Yeonsu-gu Incheon Metropolitan City B apartment C, and that the victim was slick in the future of the victim's house, while talking in the future of the victim's house, A (the age of 67, South) suffered from the injury that the victim was slick in the face of the victim's hair, and the victim was slick in the left part

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as the records of seizure and the list of seizure, site photographs, etc. of respective police statements of D;

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

1. Scope of punishment by law: A fine not exceeding 10 million won;

2. The sentencing criteria are not applicable as the scope of a fine according to the sentencing criteria has been selected;

3. The circumstances favorable to the Defendant are recognized, such as the fact that the Defendant, who led to the confession of the instant crime while committing the instant crime, reflects the wrongness of the Defendant, that the Defendant agreed smoothly with the victim, that the Defendant was old, physically handicapped, and that the Defendant’s health conditions are not good due to the light of physical disability and heart.

However, the crime of this case was committed by the defendant with the main illness of the victim, and the victim's eyebrow was teared with his hair, and the criminal liability is heavy in light of the criminal facts, and the victim's injury is not easy, such as the victim's eyebrow from his eyebrow, and the victim's significant surgery occurs in the victim's eyebrow part, and there is violent criminal records, and the defendant has other violent criminal records, and the sentencing conditions specified in the arguments of this case such as the defendant's age, character and behavior, environment, motive, means and consequence, etc. after the crime were committed shall be determined as ordered.