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(영문) 창원지방법원 거창지원 2013.04.03 2012고단528
상해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

【Criminal Force】 On October 28, 201, the Defendant is a person who was sentenced to the suspension of the execution for eight months and is still under the suspension of the execution, as he/she was sentenced to imprisonment for a violation of the Punishment of Violences, etc. Act at the Ulsan District Court on the grounds of a violation of the aforesaid Act.

【Criminal Facts】 On November 25, 2012, the Defendant: (a) around 00:20 on November 25, 2012, the Defendant: (b) opened the victim F (5 years of age) in front of the “E” road (hereinafter “E”); (c) opened the victim F (57 years of age); (d) opened the victim F (57 years of age) in several hands; and (e) tried to stop the Defendant, the Defendant was able to take care of the victim F (57 years of age) with the victim F (hereinafter “F) from the victim F (hereinafter “F) who was seated on the front road of the “E”; and (d) opened the victim F (hereinafter “F) with the victim’s hair, the Defendant took care of the victim F (hereinafter “F) at the right end; and (e) opened the victim’s 2 week to take care of the victim’s f.m. when the victim’s head f., who f., f., c., with the victim D’s hair.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and D;

1. An investigation report (Attachment of a medical certificate for injury);

1. Previous convictions in judgment: The application of Acts and subordinate statutes of investigation reports (a copy of the judgment);

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, even though he is under the period of the suspension of the execution of imprisonment, was sentenced to a summary order of a fine of four million won on June 1, 201 by drinking driving, and again committed the crime of this case. In light of the fact that the defendant committed a crime after drinking continuously, the defendant committed the crime.

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