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(영문) 서울남부지방법원 2014.09.26 2014고단2524
상해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On June 27, 2014, at around 00:15, the Defendant expressed that the victim E (the 61-year-old) who was the musicist of the said main shop in Yangcheon-gu Seoul Metropolitan Government referred to as “A, as he was under the influence of alcohol,” and expressed the victim’s chest part by hand, and carried out two times the victim’s face, the Defendant took care of about 14 days in the vicinity of the snow.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Even though there are five occasions the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the defendant committed the crime of this case even though he has been punished by a fine for the same kind of crime, the above sentence is imposed by taking into account the following factors: (a) the defendant committed the crime of this case; (b) the defendant does not have any weight in the degree of injury; (c) the defendant paid 2,00,000 won to the victim; (d) the defendant is a disabled person of Grade IV with a delay disability; (d) the defendant has no record of suspended execution or more; and (e) the defendant's age, character and conduct, and circumstances after the crime.

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