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(영문) 전주지방법원 정읍지원 2016.09.01 2016고단265
상해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On January 29, 2016, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Military Service Act at the Daejeon District Court, and the said judgment became final and conclusive on February 6, 2016.

【Criminal Facts】

On January 7, 2016, the Defendant: (a) around 04:00, on the ground that “D” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) the victim E (19 years of age) was prevented, who is an employee, walking the victim’s clothes one time to walk the victim’s clothes; and (c) when taking the face of drinking by drinking, the Defendant was on the face of the part of the victim in need of approximately 10 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Photographs of the body part of the victim;

1. Judgment division: Criminal history records, circular records, results of the Konet case search, application of a copy of a judgment, and statutes;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the criminal records of the defendant who had been punished several times, the defendant committed the crime of this case during the period of repeated crime, and the victim was punished, etc., which reflects the conditions for sentencing unfavorable to the defendant, and the defendant’s awareness of and wrong for the crime. The crime of this case is to be determined in consideration of equity when the judgment was rendered simultaneously with the crime for which the judgment of conviction became final and conclusive, and other conditions for sentencing favorable to the defendant, such as the defendant’s age, character and behavior, environment, motive and circumstance of the crime, and other various conditions for sentencing as shown in the argument of this case, including the circumstances after the crime, shall be determined as ordered.

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