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(영문) 수원지방법원 안산지원 2020.01.09 2019고단101

상해

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

At around 20:35 on November 11, 2018, the Defendant drinking alcohol with the victim B (nive, 26 years of age) in Osan-si C Apartment D, and carried out a trial expenses with the victim on the ground that the Defendant was frightening a liverer. While the Defendant was frighting with the mobile phone, the Defendant was able to take the actions to boom the cell phone as a hand, and the victim was able to withdraw the actions that the Defendant intended to take the cell phone into a boomed boom, and the Defendant was able to take the fright at the police, and then the Defendant was frighted with the victim’s knee and kneed with the victim’s body for about 42 days.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. B written statements;

1. Application of Acts and subordinate statutes to field photographs and written diagnosis of each injury;

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

1. The reason for sentencing under Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (the scope of the defendant's liability for compensation is not clear) is a crime committed by the defendant during the period of suspension of execution, the victim's injury is serious, and the victim's suffering is not significant: Provided, That the victim has already been detained for a considerable period of time due to this case's agreement, and other factors such as the defendant's age, character, character, environment, family relationship, motive, means and result of the crime, and all of the factors of sentencing specified in the arguments of this case such as the circumstances after the crime shall be determined as the sentence