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(영문) 서울동부지방법원 2016.06.09 2016고단901
상해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On March 25, 2016, at around 02:50, the Defendant brought a dispute with the victim E (54) who was frighten in front of the funeral ceremony of the D Hospital in Gangdong-gu Seoul Metropolitan Government, on the ground that he had the victim’s face at the funeral ceremony, and used the victim’s face on the floor, and followed the victim’s face at several times, and led the victim to a frightening surgery, where there is no two wifes in need of approximately 6 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to diagnostic certificates and photographs;

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

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

1. Article 57 of the Criminal Act including the number of days of detention in prison;

1. Although the degree of injury of the victim for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is relatively more severe, the crime is committed in light of the following factors: (a) although the defendant committed the crime in this case while committing the crime in this case; (b) the defendant was completely divided his mistake in depth; (c) there was a number of fines and criminal records; and (d) the defendant was sentenced to a number of fines and criminal records, but for whom 20 years have elapsed since the date when he was sentenced to the last criminal records, the defendant's age, sex behavior, environment, motive and means of the crime; and (e) the circumstances after the crime are considered as favorable to the defendant. It is so decided as per Disposition by taking into account all sentencing factors shown in the argument

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