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(영문) 광주지방법원 목포지원 2016.10.28 2016고단758

상해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 30, 2016, around 00:50 on June 30, 2016, the Defendant viewed the victim F(49 years of age) and beer at a drinking house with the trade name “E” as “E”, and when the victim saw the horses “as there is a talk that the Defendant would have to do with the vessel, so that the victim flicked flick flick flick flick flick flick flick flick flicks of the victim’s left side.

In the end, the Defendant put the victim with the left eyebrow, where the number of days of treatment can not be known.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

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;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant was punished for the same kind of crime, in particular, during the period of probation of imprisonment sentenced for the same kind of crime, he/she committed the instant crime, and there is no particular effort to recover from damage.

On the other hand, there are favorable circumstances such as the fact that the crime of this case appears to be recognized and reflected, contingent crimes, the degree of damage is not much serious, and the victim does not want punishment against the defendant.

In addition to each of the above sentencing grounds, it is decided as per Disposition by comprehensively taking into account the following circumstances, including the defendant's age, character and conduct, family relation, environment, circumstances after the crime, and result, etc.