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(영문) 대전지방법원 2017.04.28 2017고정314

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 28, 2013, the Defendant was sentenced to five years of imprisonment by the Daejeon District Court for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., and the said judgment became final and conclusive on December 6, 2013, and is currently serving a sentence in the Daejeon Prison.

On September 24, 2016, the Defendant prepared for the exhaustion of the judgment of the first instance court on the 11st floor of Daejeon Prison 66 Doo-dong, Daejeon-gu, Daejeon-gu, Daejeon-gu, 11:25 on September 24, 2016. On the other hand, the Defendant was dissatisfied with the victim C (48 years of age)’s disregarding the victim’s son himself/herself, and had a dispute with the victim as to the disregarding that he/she did not set a son and spokes on the part of the victim. On the other hand, the Defendant brought the victim’s back one plastic Doo-gu, which was put on the part of the victim’s left head, and continued to give three times the victim’s left head head, and made three times the victim’s injury to the victim, which was necessary for the treatment of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by a victim by special judicial police officers against C;

1. Statement made by each special judicial police officer with respect to E and F;

1. Application of Acts and subordinate statutes to investigation reports (Evidence photographs) and investigation reports (victim C medical records);

1. Relevant legal provisions concerning criminal facts and Article 257 (1) of the Criminal Act that choose a penalty;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation Order (the scope of liability for damages of the defendant is unclear, and thus, it is not reasonable to issue an order for compensation in the litigation proceedings of this case);