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(영문) 서울북부지방법원 2017.12.14 2017고단3474
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

On February 10, 2015, the Defendant was sentenced to ten months of imprisonment due to assault, etc. at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence on October 21, 2015.

Criminal facts

At around 18:30 on July 30, 2017, the Defendant, while drinking alcohol at D main points located in Nowon-gu Seoul Nowon-gu Seoul Nowon-gu, was assaulted by the victim E (56 tax) on the ground that the Defendant’s end-to-ends would go against the Defendant’s will, the Defendant was frightly cut off the victim’s body, was pushed back with the victim, was pushed back with the victim’s side fright, and the face was frighted with the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Photographs (suspect A and E);

1. Investigation report (Attachment of CCTV at the site of the case);

1. Bodily damaged photo (E);

1. On-site video CDs in the case;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, report on investigation (verification of the same type of records, etc.), personal confinement status, and text of judgment, such as a written investigation report, investigation report, etc.;

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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime again even during the period of repeated crime of the same kind.

However, the defendant is in depth against the defendant when committing the crime of this case.

Damage is not punishable by the defendant.

In contingent, the Defendant committed the instant crime. The Defendant re-inception to commit the instant crime.

The degree of damage of the victim is not obvious.

The sentence of imprisonment is extremely harsh for the reason that it is a repeated crime.

Considering these circumstances and the defendant's age, sexual conduct, motive for the crime, and circumstances after the crime, various circumstances are considered.

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