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(영문) 서울북부지방법원 2017.12.14 2017고단2765

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 November 26, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) by the Seoul Northern District Court on the grounds of a violation of the Act on the Punishment of Violences, etc., and on June 26, 2016, in addition to the completion of the execution of the sentence in the original prison on June 26, 2016, the Defendant was punished for

Criminal facts

On February 20, 2017, the Defendant: (a) around 1:30 on February 20, 2017, the victim D residing in the same Gosiwon C Gosiwon 324, the third floor in Seongbuk-gu, Seoul, had talked about the Defendant to the president of the Gosiwon; (b) had the victim “I wish to go to go to go,” and (c) had the face, clothes, etc. of the victim several times, and had the victim faces a 10-day face, and had the victim know about 10-day face and left the upper part.

Summary of Evidence

1. Statement by the defendant in court;

1. A photo of the face of a DNA;

1. A written diagnosis of injury;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the date of release);

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

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

1. The reason for sentencing Article 334(1) of the Criminal Procedure Act was that the victim failed to recover the damage.

Defendant has been punished for the same crime several times.

However, the defendant is opposed to the defendant's attempt to commit the crime of this case.

In this case, the degree of injury of the victim is not much serious.

When the defendant is sentenced to a punishment for the reason that it is during the period of repeated crime, it is extremely harsh in light of the degree of the punishment.

Considering the present situation of the accused, the sentence of fine seems to be able to sufficiently achieve the effect of punishment.

The punishment shall be determined as ordered by comprehensively taking into account such circumstances, the age of the defendant, sexual conduct, motive for the crime, and circumstances after the crime.