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(영문) 대전지방법원 2020.10.30 2020고단2524

상해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal power] On December 11, 2018, the Defendant was sentenced to eight months of imprisonment due to a special injury, etc. in the resident support of the Daegu District Court, and was released from the Daegu Prison on August 10, 2019 as a ruling of revocation of detention. On October 31, 2019, the Defendant’s judgment became final and conclusive, and the execution of the sentence was terminated.

【Criminal Facts】

On May 5, 2020, at around 01:40, the Defendant got out of the victim E (29 years of age) who is an employee of the victim E (D) of the private security enterprise called the said singing room business after receiving a report from the said singing room C. On May 5, 2020, when the Defendant got out of the facility, “on the other hand, he has to leave the facility.” As such, the Defendant saw the cigarette butts to go out of the facility, carried the cigarette butts to go out into the victim’s face, carried the part of the victim’s body into the facility one time, carried the part of the victim’s face by drinking the two hand, putting the victim’s head on three consecutive occasions with his left hand.

As a result, the Defendant inflicted injury on the victim, such as a crupt spathing, which does not need to be treated for about 34 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. E statements;

1. Investigation reports (Attachment of Mask photographs worn by the victim), investigation reports (Attachment ofCCTV image data), investigation reports (Investigation Reports on Suspects), investigation reports (Investigation Reports on Suspect's Claims), investigation reports (Attachment of Crime PreventionCCTV images attached to suspect's crimes), and written diagnosis of injury and written confirmation of medical treatment for 112 reported cases;

1. For the analysis of the victim's photographs, masc photographs, CCTV images-shield photographs, CCTV CD-related records: The application of criminal history records, etc. inquiry reports (A), preliminary records, reporting on the results of confirmation, and investigation reports (verification of the fact that the period of repeated crime is in progress);

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 is the order of provisional payment.