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(영문) 수원지방법원 성남지원 2018.10.12 2018고단1452

상해등

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 May 23, 2018, the Defendant assaulted the victim’s head at one time on the ground that the victim E (19) who carried out drinking together with the victim E (19) who took drinking and the victim took a horse and fright, who was aware of the Defendant, committed assaulting the victim’s head on May 23, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on field photographs and damaged photographs;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the selection of fines for criminal facts, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Provisional Payment Order, deeming that the defendant was relatively strong to the victim as the principal offender, and that the risk is considerable is the circumstances unfavorable to the defendant.

However, in light of the fact that the defendant is a relatively old criminal who has no record of punishment, the confession and reflective attitude is shown in the crime of this case, the above victim has expressed his intention not to punish, and other circumstances under Article 51 of the Criminal Act, etc., the punishment shall be determined as per the Disposition.

Rejection of Public Prosecution

1. The summary of the facts charged was that the Defendant had a duty of care to act against the victim because the victim F (the 24 years old, 24 years old) was drinking by the next table, at the time and at the same time, the victim F (the 24 years old), and as such, the Defendant had a duty of care to act against the abuse of the victim.

Nevertheless, the Defendant neglected this and caused two cases where the victim was in need of medical treatment for about three weeks, by taking care of the head of the above E due to his/her own illness, and at the same time taking care of the victim’s head.

2. Article 266(1) of the Criminal Act applicable to the facts charged of judgment: Punishment of a victim on October 11, 2018, which was following the prosecution of Article 266(2) of the Criminal Act.