(영문) 서울동부지방법원 2019.05.16 2019고단846

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(영문) 서울동부지방법원 2019.05.16 2019고단846

상해

Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

At around 16:00 on November 17, 2018, the Defendant: (a) faced with the victim C (the 69-year old) who is the manager of the parking lot in the location of the Gangdong-gu Seoul building parking lot due to parking problems; (b) caused the victim’s head to face with the ground; (c) caused the victim’s head by the arms; and (d) caused the victim’s head by drinking away from the management office; and (d) caused the victim’s head to face with the ground by pushing the victim’s head by leaving the management office; and (e) caused the victim by the victim’s head to face, and (e) caused the victim by the victim’s head to face with the ground of the victim’s head.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 8, 12 of the evidence list);

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. The sentencing guidelines do not apply to the case where a person selects the reasons for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order.

1. The range of punishment by a fine not exceeding 10 million won;

2. Determination of sentence (unfavorable circumstances) the nature and nature of the crime and the degree of damage inflicted on the victim, etc. in light of the circumstances and contents of the crime;

In addition, there is a history of punishment four times for the same crime, and there is a high possibility of criticism in the crime of this case during the period of probation due to the violation of the Personal Information Protection Act.

【Plue circumstances】 Recognizing the instant crime, he/she reflects his/her mistake.

The victim does not want the punishment of the defendant by mutual consent with the victim.

The punishment shall be determined as per the order, comprehensively taking into account the various sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.

참조조문

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