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(영문) 울산지방법원 2018.02.20 2017고정676

상해

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On April 28, 2017, the Defendant was sentenced to imprisonment with prison labor for four months as a crime of attack, for two months as a crime of property damage, and for one year as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (demotion, etc.) at the Ulsan District Court, and the judgment became final and conclusive on November 3, 2017.

[2] On December 14, 2016, around 11:45, the Defendant: (a) committed a dispute with the victim D and purchased water that had been living together in the Ulsan Detention House C, and (b) took part in the face of the victim’s head with his arms; (c) was snicked with his head; and (d) was snicked with his head.

As a result, the defendant suffered injury to the victim, such as spatha, which requires approximately two weeks of treatment.

Summary of Evidence

1. The defendant's legal statement (as at the fifth public trial date);

1. A protocol concerning the examination of suspect of each police station against D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257(1) of the Criminal Act applicable to criminal facts and Article 257(1) of the choice of punishment (the amount of fine shall be determined, taking into consideration the following: (a) the fact that a victim does not want punishment against the defendant by mutual consent with the victim; and (b) the crime of this case shall be determined by taking into account the fact that the judgment should be judged simultaneously in the relationship of concurrent crimes with the previous conviction for which the judgment became final and the fact that

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;