beta
(영문) 전주지방법원 2017.11.09 2017고정720

상해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Defendant

A is the owner of “B funeral hall”, and the victim C(34) is the owner of “D parking lot.”

On June 21, 2017, on the ground that parking fees are imposed excessively within the "D parking lot located in Yeongsan-gu E at Jeonsan-si, Jeonju-si on June 21, 2017, the Defendant put a hand in a parking charge and laid down a part of the face of the victim who was seated within the parking charge once as the hand floor, spits the face, spits the victim's timber out of the office, shacks the victim's timber out from the outside of the office, and put a light on a part that requires approximately a week of treatment by oral launchings, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a crime (fuses), investigation report (fuses attached toCCTV images, diagnostic reports, etc.);

1. Application of Acts and subordinate statutes to photographs and diagnostic instruments;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Provisional Payment Order is that the Defendant was a victim in charge of the settlement of parking lot charges and the victim’s use of violence, and the content or nature of the crime is not good, etc. is disadvantageous to the Defendant.

However, although the defendant recognized the facts of the crime of this case and the defendant was punished for violence crime in the past, since he was sentenced to a fine for gambling crime in 2002, he was living without any previous conviction until now, and the degree of injury to the victim is mainly one of the total damages.

The fact that it is not visible is the circumstances favorable to the defendant.

The punishment as ordered shall be determined by taking into account all the circumstances prescribed in Article 51 of the Criminal Act.