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(영문) 전주지방법원 2017.11.24 2017고단1683
상해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant was serving a sentence in prison C (56) and in prison D of the previous State, located in 2034, Jeonju-ro, Jeonju-si, Jeonju-si.

At around 06:55 on August 9, 2017, the Defendant prepared for an Abscam at the above location, and, on the ground that he had scams and salted fished to another person's booms in the victim's booms, the Defendant saw the victim's face as drinking by drinking, and caused the victim's injury to the unscambling of the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Each police statement made to E and F;

1. Written descriptions of C, E, F, G, and H;

1. Application of Acts and subordinate statutes to register the obligations of prisoners (C);

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 32 subparag. 3 and Article 25 subparag. 3 subparag. 3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (the filing of an application for compensation after the closure of pleadings at a public trial, and the subsidiary law is applied for, and the scope of liability for compensation is unclear, and thus it is not reasonable to issue an order for compensation in criminal proceedings) have the record of criminal punishment imposed several times for the same crime, in particular, the defendant repeatedly commits the crime of this case during several times of punishment, and the degree of injury suffered by the victim is not easy.

The favorable circumstances include the fact that the defendant recognizes the crime of this case and the defendant does not want the punishment of the injured party by the agreement with the injured party.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

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