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(영문) 서울북부지방법원 2017.06.08 2017고단313
상해
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

around 03:00 on August 7, 2016, at the main point of Nowon-gu, Seoul Special Metropolitan City, Nowon-gu D, 4’E, the Defendant took part in the activities of the Defendant and the activities of the Defendant such as the Victim F, and inflicted an injury upon the Defendant, taking part in the activities of the Defendant, and taking part in the activities of the Defendant and the victim F, resulting in the Defendant’s face at least nine-day treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. A written statement;

1. On-site CCTV images;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 of the Criminal Act concerning criminal facts, Article 257 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. The circumstances favorable to the sentencing of Article 334(1) of the Criminal Procedure Act, which relate to the order of provisional payment, reflects the Defendant’s depth on the instant crime.

In the early agreement with the victim, the victim is not punished for the defendant.

The case occurred on the wind between one of the defendant's daily driving and one of the victims' daily driving.

The Defendant was sentenced to a suspended sentence of two-year imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury), etc., and the Defendant was sentenced to a suspended sentence of two-year imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Evacuation Vehicles) and was sentenced to a suspended sentence of two-year imprisonment with prison labor for a period of ten months.

Nevertheless, the Defendant committed the same kind of crime in this case.

In full view of these circumstances, the sentence of punishment is too harsh in light of the above favorable circumstances even though the defendant was under suspension of execution without being aware of the fact that he committed the instant crime, and the sentence of punishment is imposed as ordered by taking into account the above favorable circumstances.

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