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(영문) 전주지방법원 2015.07.24 2015고단418

상해

Text

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

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

Reasons

Punishment of the crime

At around 03:02 on February 6, 2015, the Defendant argued that “D” in front of the “D” located in the Yansan-gu Seoul Special Metropolitan City, Yansan-si C had a snow with the victim E (the age of 19) who was getting on and off the Otoba.

While the Defendant had a verbal dispute with the victim, the victim suffered bodily injury, such as damage on the left side of the 14-day sloping, by putting the part of the victim into the hands-on one time, and two times into the right knick, respectively, and the victim suffered bodily injury on the left side of the 14-day knivers that requires medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury (E);

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

3. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order.

1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won; and

2. The sentencing criteria recommended by the Supreme Court Sentencing Committee are not applicable as long as the scope of fines according to the sentencing criteria are selected.

3. Determination of sentence: In light of the fact that the defendant, who is a fine of five million won, committed again the same kind of crime during the suspension of the execution of the same crime, it cannot be denied that there is a need to punish the defendant with severe punishment.

However, the defendant's mistake is against his depth while committing the crime of this case, and the victim does not want the punishment of the defendant, and the degree of damage caused by the crime of this case is relatively minor. Nevertheless, if the defendant is punished by imprisonment with prison labor due to the crime of this case, the suspension of execution shall be invalidated and suspended, one-year imprisonment with prison labor shall be imposed. This seems to be somewhat harsh in light of the favorable circumstances for the defendant, as seen earlier, and detention of the defendant entails excessive difficulty to his dependants.