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(영문) 대구지방법원 2019.10.29 2019고정610
상해
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On October 25, 2018, the Defendant: (a) around 10:40 on October 25, 2018, to the victim D, who intends to depict the Defendant outside of the office, referring to as “non-taxation of tax base”; (b) sealed the Victim’s shoulder by hand; and (c) pushed the Victim’s hand from the 1st floor of the above C1st floor to depict and shoulder the Victim’s hand, thereby causing an injury to the Victim, such as fingers and other parts that require approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. CCTV video CDs;

1. Application of medical certificates, medical confirmations, prescriptions, sales slips-related Acts and subordinate statutes;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Considering the following circumstances in sentencing grounds under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the amount of fine for the summary order already issued cannot sufficiently achieve the purpose of punishment against the defendant.

Therefore, on the basis of Article 457-2 of the Criminal Procedure Act, the fine shall be increased and the sentence shall be determined as ordered.

It is not very good that the criminal defendant's act is not against himself/herself but against his/her own act, and it is very good that he/she causes an error to the victim.

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