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(영문) 대전지방법원 2013.12.10 2013고단2385
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

On April 19, 2012, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Daejeon District Court on April 19, 2012 and completed the execution of the sentence in the Daejeon Prison on November 26, 2012.

피고인은 2013. 5. 26. 20:50경 대전 대덕구 법동에 있는 안산도서관 앞 도로에서 피해자 B(57세)이 운전하는 C 트라제 승용차가 서행하여 길을 막았다는 이유로 서로 말다툼을 하다가 피해자 B으로부터 멱살을 잡히자 격분하여 주먹으로 피해자 B의 얼굴 부위를 약 5-6회 가량, 복부 부위를 약 2회 가량 때리고, 이어 발로 피해자 B의 복부 부위를 약 5회 가량 찼다.

In addition, when the victim D (the age of 36) who was accompanied by the above TRa vehicle was flaged in the victim B, the defendant d'(the age of 36) was flaged at the time of the victim B, the defendant d' face part of the victim D's face was flaged one time by drinking, the victim D's face part was flaged one time, the victim D's left side part was flaged, and the victim D's face part was flaged one time by drinking again.

As a result, the defendant suffered from injury to the victim B, such as opportunism, which requires approximately two weeks of medical treatment, and the victim D with a face-to-face in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to B and D;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article 257 (1) of the Criminal Act concerning facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Criminal Procedure Act requires high possibility of criticism that the defendant committed the crime of this case during the period of repeated crime. However, the degree of injury of the victim is not excessive, the victim B does not want the punishment of the defendant, and the victim D is 70,000 won.

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