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(영문) 서울동부지방법원 2013.08.23 2013고정1629
상해
Text

The sentence against the accused shall be determined by a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On 20:20 on 25:20 on 2013, the Defendant assaulted the victim C (39 years of age) and the parking problem in front of Gwangjin-gu Seoul Special Metropolitan City, by taking the victim's neck over by hand.

As a result, the Defendant got a salt, tension, etc. in need of two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the police statement and the written diagnosis of injury to C;

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

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

1. Article 334(1) of the Criminal Procedure Act provides that the defendant does not have any particular criminal power, the degree of violence is insignificant, and there are some circumstances that may be taken into account in the course of violence. However, even though the defendant recognizes a crime, he/she does not call only the victim's argument that his/her behavior is justifiable, and his/her body fighting is conducted during the dispute.

In full view of the fact that there is no awareness of an offense against the act of causing the injury of people, and that the defendant refuses to meet the conversation with the victim despite the recommendation of the presiding judge, even if the grounds for sentencing favorable to the defendant are considered, it cannot be deemed that the fine of one million won prescribed in the summary order of this case is excessive, and thus, the above fine is imposed as it is.

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