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(영문) 전주지방법원 2017.04.14 2017고단36
상해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 17:00 on December 9, 2016, the Defendant: (a) 302 Mono-gu B in Seojin-gu, Youngjin-gu; (b) Mano-gu, a victim D (60 years of age) and sib, who had drinking, were faced with face from the victim; (c) Mano-gu, the face part of the victim was taken as head, and went back to drinking.

계속하여, 피고인은 119 신고를 받고 출동한 구급요원 앞에서 발로 피해자의 얼굴 부위를 1회 걷어찼다.

As a result, the defendant caused the victim to suffer from an unexplosion in the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Each internal investigation report (related to the suspect A's statement, the hearing of suspect D's failure to hear and ascertain the state of the case, the statement of 119 emergency medical staff members, and accompanying photographs of damaged parts, etc.);

1. Application of each statute on photographs;

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. There is a history that the Defendant had been subject to criminal punishment several times for the same kind of crime, and the Defendant committed the instant crime during the period of repeated crime under Article 334(1) of the Criminal Procedure Act, which is disadvantageous to the reason for sentencing of Article 334(1) of the Criminal Procedure Act.

The favorable circumstances include the fact that the defendant recognizes the crime of this case, the degree of injury does not seem to be serious, and the defendant does not want the punishment of the victim by agreement with the victim.

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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