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(영문) 대전지방법원서산지원 2020.10.26 2020고정216

상해

Text

Defendant shall be punished by a fine of KRW 500,000.

When the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Punishment of the crime

On May 30, 2020, the Defendant: (a) around 00:30 on May 30, 2020, around B Apartment-dong 1, 2 Do-dong 1, and 2 gates, the Defendant: (b) brought a dispute with the victim D (the age of 50) with the noise noise problem; and (c) caused the victim’s chest to go over the stairs.

As a result, the Defendant inflicted bodily injury on the victim, such as cerebral leys without two open internal organs, which require treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs;

1. A medical certificate of injury and a written confirmation of medical treatment;

1. Application of Acts and subordinate statutes to report 112 case handling lists, internal investigation reports (in cases of visiting a site, etc.), investigation reports ( telephone conversations between police officers and police officers on the site), investigation reports (in cases of attaching medical records, such as records of an emergency center, etc.);

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the crime of this case was that the victim suffered cerebral celebs by being shocked on the head of the victim.

However, the defendant has no record of being punished for the same crime, and all of the crimes of this case are committed.

The defendant seems to have paid medical expenses to the victim, and in the course of dispute over noise between floors with the victim, he/she was found to have caused an accident to the victim.

In addition, in full view of all the sentencing factors shown in the trial process of this case including the defendant's age, character and conduct, environment, details of the crime and circumstances after the crime, the punishment shall be mitigated to less than the amount of the summary order as ordered.