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(영문) 제주지방법원 2014.05.30 2013고정782

상해

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

[In November 7, 2013, the Defendant was sentenced to a community service order of two years and 200 hours under the suspended sentence of ten months for the crime of injury, assault, and damage to property at the Jeju District Court on November 7, 2013, and the judgment became final and conclusive on November 15, 2013.

【Criminal Facts】

On May 31, 2012, at around 20:05, the Defendant, in front of the “C cafeteria” in Jeju City, was under the influence of alcohol, and had the face of the victim D (the age of 44) on a single occasion, and had the victim undergo approximately two weeks of treatment, and had the victim suffered bodily injury, such as a simple heat of the inner part, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime: Article 257 (1) of the Criminal Act and the selection of fines;

1. Handling concurrent crimes: latter part of Articles 37 and 39 (1) of the Criminal Act (the crime in the market is concurrent crimes with the injury, etc. as decided by a final judgment);

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. A provisional payment order: A sentence shall be imposed as per the Disposition in consideration of all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act. A favorable normal condition is acknowledged: the injury has not been recovered, and equitable with the case where a number of criminal offenses are judged at the same time: An injury has been committed (in case of two victims, 5 weeks in total, 20 days in total, 5 weeks in total, 20 days in total, and 1 other victims are assaulted, and the property owned by them is damaged (the injury), its normal relationship (the injury, the majority of criminal records, and the injury has not been recovered) with the criminal facts in this case. Other circumstances are considered as the motive for the crime, the circumstances after the crime, and the occupation of the defendant, etc.