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(영문) 대전지방법원 2014.05.15 2014고정461
상해
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On December 11, 2013, around 23:30, the Defendant: (a) 23:30, Seo-gu Daejeon, Seo-gu B Apartment 102, 602, and 602, and (b) on the ground that the victim C (the age of 31) and the victim D (the age of 19) of the above apartment security guards ask the Defendant anywhere to visit the house; and (c) on the ground that the victim C (the age of 31) who is the above apartment security guards and the victim D (the age of 19) have taken care of the Defendant, etc., the Defendant left the house with his hand at one time, and continued to restrain the victim C from her bucking with the victim D's buck that needs to be treated for 10 days; and (d) on the ground that the victim C left the 10-day buckbuck for 10 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

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

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment;

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, even though the Defendant had been punished several times for the same kind of crime, does not seem to have shown the opening of the instant crime.

However, the defendant seems to have committed a crime in a drunken manner, confession, and reflect in depth.

In addition, the degree of injury is not severe, and the victims have agreed smoothly.

In this context, considering all the circumstances such as the defendant's age, character and conduct, means and result of the crime, circumstances after the crime, the punishment as ordered shall be determined.

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