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(영문) 창원지방법원 거창지원 2013.08.14 2013고단175
상해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 8, 2011, the Defendant was sentenced to a suspended sentence of two years and six months on the 16th of the same month, due to murder, attempted murder, etc. in the Changwon District Court's Changwon District Court's Chang Branch branch, and the judgment became final and conclusive on the 16th of

On April 21, 2013, at around 01:55, the Defendant: (a) 01:55 on April 21, 2013, while drinking alcohol together with E and F (48 years of age) of D stores in Chang-gun, Chungcheongnam-gun, and drinking alcohol, the Defendant breadddd the victim and drinking alcohol, and had a dispute with E, the Defendant bread the victim, with left hand on the front side of G oil station in which the said store was set up and flaped, pushed the victim’s breath; and (b) when the victim’s face was fladdd with drinking water, the Defendant inflicted an injury, such as the victim’s eye and flag, which are open in the vicinity of the snow, for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. One police statement and one diagnosis document (F) with respect to F and E;

1. Before ruling: Application of the Act and subordinate statutes to inquiry reports and investigation reports (attached to judgments, etc.);

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Selection of an alternative fine for punishment;

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

1. In full view of the fact that there are many criminal offenses against the Defendant for the reason of the provisional payment order under Article 334(1) of the Criminal Procedure Act, among which they are subject to eight times of violence, and in particular, the Defendant committed the instant crime without weighting even though he/she is currently under the suspension of the execution of imprisonment after having been sentenced to a suspended sentence due to the crime of murder and attempted murder, etc., the Defendant is highly likely to repeat the crime, and it is difficult to view that he/she seriously reflects his/her criminal act. Therefore, the Defendant

However, the crime of this case is not heavier than that of the victim, and the victim is currently not punished by the defendant, and the defendant has to seek new workplace and support his family through his occupational activities.

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