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(영문) 서울북부지방법원 2017.01.18 2016고단4968

상해

Text

Defendant

A shall be punished by a fine of KRW 8 million, and Defendant B shall be punished by a fine of KRW 4 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A was sentenced to six months of imprisonment for an injury by the Seoul Northern District Court on November 21, 2013, and the said judgment became final and conclusive on April 10, 2014, and completed the execution of the sentence in Chuncheon prison on August 14, 2014.

1. On July 5, 2016, at around 10:00, the Defendant inflicted injury on the Defendant, who was under drinking the Victim B (51) and alcohol at the Defendant’s residence of Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, 107 Dong 615, on the ground that he was able to take a telephone to the Defendant who is the victim and was able to take a bath to the Defendant, such as inside and outside the inside of the body of the victim where he was able to take approximately four weeks of the face of the victim.

2. Defendant B, at the same time and place as described in paragraph 1. A, the same reason, and the victim’s face of the victim A (58 tax) were heard, and the victim suffered bodily injury, such as the number of days of treatment, to the victim’s non-absparation.

Summary of Evidence

1. Defendants’ legal statement

1. On-site photographs, B photographs, A;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 of the Criminal Act and Article 257 (1) of the Criminal Act and the selection of fines for criminal facts;

1. A aggravated defendant for a repeated crime: Article 35 of the Criminal Act;

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

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

1. Defendant A within the scope of the applicable sentences under law: Fines of 50,000 to 20 million won: Fines of 50,000 to 10 million won;

2. Determination of sentence is based on the following circumstances, taking into account the Defendants’ age, sex, environment, etc., and the sentence is to be imposed as ordered.

Defendant

In addition to the above repeated crime, the history of punishment for violent crime is up to 32 times, the degree of injury suffered by the victim is disadvantageous, while it is favorable that the victim agreed with the victim.

Defendant

It is unfavorable that the history of punishment for violent crimes is up to 31 times, including four imprisonment.