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(영문) 서울남부지방법원 2018.07.25 2018고단580
상해
Text

Defendant shall be punished by a fine of 6 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On November 18, 2017, at around 21:04, the Defendant inflicted injury on the victim’s number of days of treatment on the street in Geumcheon-gu Seoul Metropolitan Government Victim C (n, 81 years of age) (hereinafter referred to as “the victim”), such as that the victim’s elbow in front of the D cafeteria operated by Geumcheon-gu Seoul Metropolitan Government (n, 81 years of age), makes the victim’s elbow in one time by sticking the victim’s right shoulder, cut down about 30 meters, and caused the elbow part on the back of the head.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C (victim);

1. Statement made by the police in relation to E;

1. Application of Acts and subordinate statutes to a report on dispatch to the scene;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, on the grounds of the crime of provisional payment order, was sentenced to a punishment by obstructing the performance of duties, etc., and was released from the prison after the prison, and was under repeated period. In particular, even though the defendant continued to have been tried for violent crimes, he/she committed the instant crime without being aware of the fact, and committed the instant crime. The Defendant committed a second offense without improving character and behavior even when he/she

Although the Defendant alleged that the Defendant had scam even after having scam while entering the victim, considering that the victim was old, the circumstance that the victim could vary even by exercising such tangible force is known, and it is difficult to regard it as a circumstance that can be considered.

Considering the above unfavorable circumstances, the defendant must be punished with severe punishment, but considering the fact that the degree of assault is not serious, that the injured person under the agreement with the injured party is the preference against the defendant, the circumstances after the crime, and other circumstances that form the conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, etc., only once.

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