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(영문) 서울북부지방법원 2018.08.16 2018고단822
상해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On April 28, 2016, the Defendant was sentenced to one year of imprisonment for a violation of road traffic laws at the Seoul Northern District Court on the grounds of a violation of road traffic laws, etc., and completed the execution of the sentence at the Net Prison on March 10, 2017.

【Criminal facts” On January 4, 2018, the Defendant: (a) around 23:10, at the residence of the victim D (47 m) located in Jung-gu Seoul Metropolitan Government C and underground 1; (b) on the ground that the victim took a bath to the Defendant, the Defendant inflicted an injury on the victim’s face due to the victim’s left hand, on the ground that the victim took a breathing part of the victim’s face, and the victim’s face was cut over the flooded floor by hand, and the victim’s face was cut over the flooded part, thereby making the victim’s face difficult to know the number of treatment days; and (c) the Defendant inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Each photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (prior convictions of suspects A, repeated crime of suspects A), text of judgment, and current status of personal confinement;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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 is that the accused has been punished several times for violent crimes.

Nevertheless, the same kind of crime has been committed.

Furthermore, even though the defendant was in a repeated crime, he did not know even though he had committed this case. However, the defendant is deeply against the defendant's attempt to commit the crime of this case.

In this case, the injured party and the injured party have entered into this case on a contingent basis with drinking. The injured party does not want to be punished by the defendant, as the injured party and the injured party have agreed smoothly with them.

The degree of injury of the victim is not very serious.

Punishment on the sole ground that it is a repeated crime is too harsh compared to the defendant's act.

2.3.2

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