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(영문) 제주지방법원 2015.08.26 2015고단954
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 20:45 on May 16, 2015, the Defendant: (a) viewed the victim C (the age of 63) into the said multi-face, and took alcohol to order coffee; and (b) made the victim under the influence of alcohol, the Defendant: (c) heard the victim’s words “fluencing it according to gaur,” “ how he sent the victim’s face; (d) fluencing the victim’s body, fluencing the victim’s eye at two times; and (e) fluencing the victim’s eye with the victim’s eye, the Defendant fluenced the victim’s eye at one time, and inflicted injury, such as the mouth and mouth, which requires approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (in case of dispatch to the site, etc.);

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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. Determination of a punishment as ordered by Articles 32(1)3 and 25(3)3 (where the scope of liability for compensation is not clear) of the Act on Special Cases concerning the Dismissal, etc. of Application for Compensation, taking into account the following circumstances into account:

The favorable circumstances: The facts of crime are recognized and reflected, and the victim does not want the punishment against the defendant by mutual consent with the victim: without any justifiable reason, the victim suffered serious injury that requires four weeks of medical treatment, and the quality of the crime is not good in light of the method of crime and the result of crime (three times of fine and two times of suspended sentence of imprisonment). In particular, on October 24, 2014, the victim was sentenced to two years of suspended sentence of imprisonment with prison labor for the crime of obstruction of performance of official duties, and on November 1, 2014, the victim committed the crime of this case during the suspended sentence even though the above judgment became final and conclusive: the motive and motive leading up to the crime of this case.

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