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(영문) 의정부지방법원 2016.07.20 2016고단1616

상해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On March 23, 2016, at around 20:30, the Defendant: (a) instructed high school students in front of the out-of-door bicycle storage facility No. C, C, 3, 2016, who were in front of the out-to-door bicycle storage facility, to smoke in tobacco; and (b) had a dispute with the victim D (35 years old) who was friendly inception, and had the victim face in drinking, lost the mind and had the victim go beyond the floor, and caused the victim to suffer injury, such as a mane scar, kne kne sing, etc., whose number of days of treatment is unknown to the victim.

Summary of Evidence

1. Defendant’s legal statement

1. A protocol concerning the examination of suspects of D;

1. Each police statement made to E, F, and G;

1. The Defendant asserts to the effect that he was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.

According to the records, even though the defendant was under the influence of alcohol at the time of the crime of this case, in light of the circumstances leading to the crime of this case, the details of the crime, the attitude of the defendant, the circumstances before and after the crime of this case, etc., it is not recognized that the defendant was under the influence of alcohol, or did not have the ability to discern things or make decisions,

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts of a crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment, even though the defendant was able to have suffered from violent crimes, and the victim was injured by sexual assault.

The degree of injury suffered by the victim seems not to be light.

However, the defendant recognized his mistake and reflected his mistake.

It seems that the instant crime was committed because it did not comply with the opinion with the victim of friendship with the victim of friendship.

In agreement with the victim, the injured person does not want to punish the accused.

There is no history of criminal punishment after 2011.

In addition, the age, sex, environment, motive, means and result of the crime;