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(영문) 서울동부지방법원 2021.01.14 2020고단2280
상해
Text

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

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

Reasons

Punishment of the crime

Around 12:50 on June 30, 2020, the Defendant moved an article from the Defendant’s house located in Gangdong-gu Seoul Metropolitan Government B and C to the full-time maturity. On the ground that the Defendant’s house owner D (n, 75 years old) was at sight and the Defendant was at the age of her house, and the Defendant was at the age of her house, and the Defendant was at the age of her house, and the Defendant was at the right end, and the victim was pushed the victim due to the blue blue blue blue of the wall, and the victim was at the bottom of the 10 week flue flue bris, which requires approximately 10 weeks of treatment.

Summary of Evidence

1. The defendant's written diagnosis and written diagnosis of the witness D's part of the defendant's legal statement (the establishment of the crime of injury requires the intentional act of injury and the result of injury related to the person who caused the injury (see Supreme Court Decision 93Do711, May 11, 1993, etc.). According to the evidence produced as evidence of the above conviction, the fact that the defendant inflicted an injury on the victim can be sufficiently recognized, and the defendant's assertion of the defendant and the defense counsel disputing the crime shall not be accepted) shall be applied to the law.

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Article 70 (1) and Article 69 (2) of the Criminal Act (including cases where suspension of execution is invalidated or revoked) of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the following grounds for sentencing)

1. The range of punishment by a fine not exceeding 10 million won;

2. Determination of sentence [Unfavorable Circumstances] In light of the background and content of the instant crime, the degree of injury, etc., the liability for the instant crime is not easy.

[The favorable circumstances] There is no history of criminal punishment.

It seems that the crime of this case was not committed with conclusive intent.

It was agreed to recover the damage of the victim and smoothly.

In addition, the arguments of this case, such as the age, sex, environment, family relationship, health status, circumstances after the crime, etc. of the defendant.

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