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(영문) 대전지방법원 2014.12.18 2014고정1717
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

The victim C is a person who performed the housing construction work in Class C D, and the victim E is a person who performed the fence construction work at the above construction site and has a close relationship with the victim C, and the defendant is a person who performed the steel construction work at the above construction site.

The Defendant, at around 17:00 on May 7, 2014, was unable to know the trade name in Sejong F, and the victim C (5 years of age) and C were in dispute with the wage payment issue, and the victim C was sleeped by his hand after walking at one time the right end of the road of the victim C with his hand. On the other hand, the victim C, who continued to walk at the construction site, followed the victim C, was sleeped over the victim C, and she was sleeped over the upper part of the chest and the chest part of the breast part of the victim C, followed the shoulder part of the victim C at several times. The victim E (55 years of age) who fightd the body of the victim E (55 years of age), she took the right side side of the victim E, and the victim was sleepd with the victim’s face at the site of water supply.

As a result, the Defendant inflicted injury on the victim C, such as an open wound, which requires approximately 21 days of treatment, and inflicted injury on the victim E, such as the upper chest and the right sleep, which require approximately 20 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of C and E;

1. Application of each injury diagnosis certificate, each photographic statute;

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

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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that even if the defendant had the same criminal record, it is inevitable to strictly punish the crime of this case.

However, the defendant is confession, is in profoundly against the defendant, and is considered as agreed with the victim C.

This is the age, character and conduct of the defendant, and after the crime.

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