beta
(영문) 대구지방법원 의성지원 2015.05.14 2015고단51

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

피고인은 2015. 1. 11. 06:10경 경북 청송군 진보면 양정길 231에 있는 경북북부제1교도소 6하 C 수용실 내에서 피해자 D(44세)과 잠자리 문제로 서로 말다툼하던 중 피해자가 ‘씨발’이라며 욕설을 했다는 이유로 주먹으로 피해자의 얼굴을 수 회 때리고, 발로 피해자의 가슴을 1회 걷어찼다.

As a result, the defendant tried to examine the victim's left side of the day of treatment, and caused the victim to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (including mandatory records and photographs of injury parts), investigation reports (including statement of case-related person statement, etc. accompanied by a copy of recorded records);

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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 was sentenced to a fine of 1,50,000 won for the commission of a person in prison in 2013, and that the defendant committed the crime of this case without being aware of himself/herself during his/her prison term. As the sentencing factor unfavorable to the defendant, the occurrence of this case has some motive provided by the victim, and the degree of injury suffered by the victim is relatively minor, the punishment is determined as per the order, considering the factors favorable to the defendant.