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(영문) 대구지방법원 2020.02.18 2019고단4529

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

around 05:20 on July 2, 2019, the Defendant, “2019Hadan4529”, around 05:20 on July 2, 2019, while drinking alcohol together with “C” restaurant located in Busan-si B, a victim d(32 years of age) brought the Defendant to the Defendant before towing, and the Defendant, as a drinking, carried the Defendant’s head on one-time visual part of the victim’s left eye by drinking the Defendant’s head on one-time visual part of the victim’s head on one-time eye so that the victim’s treatment period cannot be determined.

The Defendant is a member of a group of organized violence groups belonging to the E, who works in a mountain area.

At around 02:50 on September 2, 2019, the Defendant: (a) expressed a desire to see a taxi on the taxi platform located in Seobu 2, Seosan-ro 44-ro 7, Seosan 2, Dong administrative welfare center; and (b) expressed the victim F (33 years of age) who intends to board a taxi; (c) made an injury, such as an influoral heat, where the victim’s number of days of treatment can not be known, by taking a breath and sphering the bat of the victim.

Summary of Evidence

1. Full or partial statement of the defendant;

1. Statement of D police statement;

1. A written statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (a photograph taken of the victim's eye eye), report on internal death (Attachment to photographs);

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act are as follows: (a) the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, character and conduct, family relation, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be equally taken into account.

The favorable circumstances: The defendant is divided into a mistake, and the degree of damage is unhulled; the circumstances at which all victims agree with the victims are disadvantageous: majority of criminal records, and the crime is committed during the period of repeated crime.