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(영문) 인천지방법원 2017.05.11 2016고단8710

상해

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 The Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Incheon District Court on August 20, 2015, and was sentenced to two years of suspended sentence on February 3, 2016, and is still under suspended sentence.

【Criminal facts” around 05:30 on September 14, 2016, the Defendant: (a) on the street in front of the rest between the head of Incheon Airport 271 and the head of Jung-gu Incheon Airport 271, and (b) on the ground that a victim C (40 years of age) competing with parking agency business takes the first place; and (c) on the ground that it is bad for the victim to take three times at hand, the Defendant suffered injury, such as brain, which caused the victim’s injury to the victim, on the ground that the victim’s knife would have been bad for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 (1) of the Criminal Act concerning the facts constituting an offense, Article 257 (1) of the Criminal Act concerning the selection of a fine, and the selection of a fine (

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

1. Although it is not found that there is a criminal record of a sentence which is disadvantageous to the reason for sentencing of Article 334(1) of the Criminal Procedure Act, it is not obvious that the victim was unable to receive a letter from the injured party, and recidivism which is not familiar even though it is the same period of probation is considered to be disadvantageous.

In the case where the injured party was prosecuted (this Court 2017 order 728) an agreement with the parties, including the linkage with the parties, was made to deposit 3 million won for the injured party late.

A favorable normal defendant had committed a crime while undermining by competition with the victim such as parking agency business, parking lot deprivation, insult between family members, etc., and the reason why no agreement has been reached is also related to this.

It is found that some of the circumstances, such as the victim's escape and self-harmacilation, are to be considered in the formation of crime.

Considering the foregoing circumstances, the Defendant is under short-term detention on the ground that the agreement was not reached.