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(영문) 서울남부지방법원 2018.09.12 2018고단1511
상해
Text

Defendant shall be punished by a fine of five million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On March 26, 2018, at around 18:15, the Defendant, while drinking alcohol together with the victim D (44 years of age) in front of Yeongdeungpo-gu Seoul Metropolitan Government, was aware that the victim took a bath to himself/herself, and on his/her hand, he/she saw him/herself as his/her son, blicking the victim's head into the floor, pushed the victim's face into the floor, blicking the victim's face into the floor, and blick the victim's face into the floor, thereby causing the victim's injury on the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The Defendant had been punished several times for violent crimes, and the Defendant committed the instant crime again at one month after being sentenced to a punishment due to assault or bodily injury.

The favorable circumstances: the defendant recognized the crime and reflects the mistake.

The degree of injury does not depend on the degree of injury, and the victim does not want the punishment of the defendant.

As above, the Defendant’s punishment as ordered shall be determined by comprehensively taking account of the circumstances unfavorable to the Defendant, such as the Defendant’s age, sexual conduct, motive, background, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., and the sentencing conditions

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