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(영문) 서울중앙지방법원 2013.10.31 2013고단4560

상해등

Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

[criminal power] On March 15, 2013, the Defendant was sentenced to six months in Seoul High Court to imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Seoul High Court, and the said judgment became final and conclusive on April 30, 2013.

【Criminal Facts】

1. On February 1, 2013, at around 19:30 on February 1, 2013, the Defendant: (a) took a bath for the victim on the ground that the Defendant was making a sudden stop on the part of the victim C driver; (b) was able to take care of the victim’s face; (c) was able to take care of the victim’s face; and (d) was able to take care of the victim’s left hand by hand.

As a result, the defendant suffered injury to the victim, such as cutting down lavers in the left-hand lavers, which requires approximately seven weeks of treatment.

2. At around 19:40 on the same day, the Defendant: (a) took a bath to the victim E in front of the G main store located in F, for the reason that the victim’s face was frightened; (b) took care of the victim’s face; and (c) taken a part in the face and body of the victim’s face.

Accordingly, the defendant suffered two injuries to the victim in front of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and C;

1. A photograph of victims and a medical certificate of injury;

1. Previous records: Application of investigation reports, references to inquiries, such as criminal records, and replys to requests, and provisions of Acts and subordinate statutes on assistance to the agreement of cases;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Circumstances unfavorable to the sentencing of Articles 70 and 69(2) of the Criminal Act for the detention of the workhouses: The fact that the criminal defendant was not less and less vulnerable in light of the background leading up to the injury of the victims and the degree of damage of the victims resulting therefrom, is driving under the influence of alcohol during the period.