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(영문) 서울남부지방법원 2016.02.18 2015고정2584
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 July 28, 2015, around 2:00 p.m., the Defendant suffered from each other, on the grounds that the Defendant was fluenced with the victim C (67 tax) in the Gancheon-dong, Gangseo-gu, Seoul, 13-33, Gancheon-ro, 56-33, Gancheon-gu, Seoul. On the other hand, the Defendant suffered from injury, such as the escape of the baby, which requires approximately four weeks of treatment for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol or statement concerning suspect interrogation of the police against C;

1. Application of the Acts and subordinate statutes on diagnosis certificates of injury and photographs of C injury;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Imposition of a fine of KRW 500,00 (former summary - a fine of KRW 1 million, a summary order - a fine of KRW 1.5 million: ① A confession, ② There is no particular criminal history, ③ there is no further need to punish the accused compared to C;

In other words, according to the photograph of the defendant's upper part of the defendant's body at the time (the 37th page of the investigation record), the defendant can be seen as having been seriously affected by C's physical force rather than the defendant at the time (the external injury of 4 weeks in appearance, and the defendant seems to have more serious to the defendant's body of the defendant's upper part of the defendant's body at the time of drinking. However, according to the photograph of the defendant's upper part of the defendant's body (the 37th page of the investigation record), the defendant's body of the body of the defendant's upper part of the defendant's body of the defendant's body at the time of drinking. In light of this, the defendant's physical force of the defendant's body of the defendant's body of the body of the defendant's body of the body of the body of the defendant's body of the body of the body of the body and its degree

On the other hand, C is difficult to eliminate the possibility that the king evidence C in the result of the injury contributed partially in light of C's age and pathy condition (14 pages of investigation records), etc.

Therefore, it is not reasonable that the above injury diagnosis alone leads to the seriousness of the necessity of punishment between two persons;

(4) The background of crimes, (5) The age, occupation, family relationship, economic circumstances, etc. of defendants shall be considered).

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