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1. Defendant shall be punished by a fine of KRW 1,000,000;
2. If the defendant does not pay the above fine, fifty thousand won.
Reasons
Punishment of the crime
피고인은 2012. 10. 17. 15:10경 논산시 D에서 피해자 C(여, 53세)로부터 피고인의 개가 똥을 쌌는데 왜 치우지 않느냐고 항의를 받게 되자 이에 화가 나 “씹할 년, 죽여버리고 얼굴을 뽀개 버린다”라고 욕설을 하면서 오른손으로 피해자의 목을 졸라 피해자에게 약 2주간의 치료가 필요한 급성 경추염좌 등의 상해를 가하였다.
Summary of Evidence
1. Each legal statement of witness C and E;
1. Medical certificate (No. 15 pages of the Investigation Record), each photograph of each photograph, or the reasons for conviction of a video, asserting that the defendant himself had expressed the victim's abusive intent, but he did not have the victim's desire. However, in full view of the consistent and detailed statement between the victim and E as to the process of the instant assault, and the video of the damaged part photograph taken immediately after the instant crime, it is sufficiently recognized that the defendant inflicted a stroke injury on the victim's stroke as recorded in the judgment, considering the following facts: (a) the victim's statement on the process of the instant assault is consistent and specific; and (b) the victim'
Application of Statutes
1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. In light of Articles 25(3)2 and 25(3)3, and 32(1)3 and 32(2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation (i.e., the amount of damage is not specified and the scope of liability is required to be sufficiently examined, making an order for compensation in criminal proceedings) a defendant again commits another crime of this case, which has several violent records on the grounds of sentencing, and there is another crime of this case. The defendant does not reflect the crime, and the defendant did not make efforts to recover damage and did not reach an agreement with the victim, the sentence as shown in the order shall be determined within the scope of fine amount of the previous summary order.