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(영문) 대구지방법원 의성지원 2017.02.16 2016고단22

상해

Text

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

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

Reasons

Punishment of the crime

On February 12, 2016, around 10:30, the Defendant opened the entrance door to the public bath in order to enter the public bath in front of other inmates at the entrance of the entrance of the prisoner bath in the 3rd Do of the Gyeongbuk-do North Gyeong-do, Gyeongbuk-do on February 12, 2016.

“Along with sound, the victim’s face face was 5 times in drinking, and the victim was injured by a malicious right-hand part, the number of days of treatment of which cannot be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol for B, C, D, and E;

1. Application of Acts and subordinate statutes on medical records of prisoners;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The reason for sentencing under Articles 32(1) and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (the sole basis of the records of this case and the materials submitted by the victim) is that the crime of this case was committed in the criminal trial because the scope of liability for compensation is not clear, and thus, it is not reasonable to issue an order for compensation in the criminal trial) is disadvantageous to the defendant.

However, under the circumstances favorable to the defendant, such as the fact that the defendant has recognized his mistake, the fact that the defendant has no criminal record of the same kind, the fact that the defendant paid 1.2 million won to the victim for the recovery of damage and agreed with the victim, and other circumstances favorable to the defendant, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. shall be determined