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(영문) 의정부지방법원 2016.06.30 2016고정422
상해
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On April 27, 2015, around 10:30 on 10:30, the Defendant: (a) expressed the victim E (66:00) and the victim E (66:00) without any justifiable reason, “E deemed E, sprinking, and sprinking.”

Accordingly, the victim's desire to die, and the defendant's "I wish to die."

“Absing away from the victim, intending to see the victim’s drinking while driving away, and the victim saw the victim’s stick in the vicinity of the escape, and caused the victim’s bodily injury, such as the victim’s 4,5 string a part of the victim’s distribution, and the victim’s hand, 5 times in a fluor and fluoring the part of the victim’s hand, which requires the victim’s medical treatment for 14 days, such as the victim’s fluor and fluoring the part of the part under the part under the arms, which is in need of medical treatment.

Summary of Evidence

1. Legal statement of witness E;

1. A written diagnosis of injury;

1. The defendant and his defense counsel asserts that the defendant did not inflict any injury on the victim as stated in the facts charged.

The following circumstances acknowledged by the evidence of the first instance judgment, namely, that the victim’s statement on the background and content of the instant case is specific and consistent, and credibility exists; the victim’s photographic image and the degree and degree of injury on the victim’s medical certificate are consistent with the victim’s statement; and the Defendant, in the process of carrying the stick in the police, can have contacted the victim’s worship.

Comprehensively taking account of the stated facts, the facts charged in the instant case is recognized

Application of Statutes

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. The sentencing of Article 334(1) of the Criminal Procedure Act requires consideration of the following factors: (a) the reason for sentencing of the instant crime; (b) the Defendant has no same criminal record; and (c) the Defendant’s withdrawal of the facts charged concerning partial assault, etc.; and (d) the sentence is determined as set forth in the Disposition above.

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