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(영문) 제주지방법원 2017.08.25 2017고단914
폭행치상
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 16, 2016, around 04:28, the Defendant suffered injury to the victim, such as the mouth flabing of the right frame, which requires treatment for about 10 weeks, by pushing the victim’s body in his hand due to the occurrence of the victim E (n, 52 years of age) and Si rain, who is an employee of the said main shop, and letting the victim go beyond the victim by pushing the victim’s body with his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A copy of a medical certificate;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 262(1) and 257(1) of the Criminal Act concerning the selection of punishment, and the selection of fines (see, e.g., Supreme Court Decisions 200Do314,

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was sentenced to a suspended sentence of two years for the crime of injury at the Jeju District Court around August 2916. The Defendant committed the same crime even during the current suspended sentence period, and there is a high possibility of criticism because the victim’s injury is very serious.

However, the defendant recognized the crime of late late late, paid a reasonable amount to the victim, some of the defendant himself/herself and his/her family members are disabled and have other children, and the economic circumstances are not good, and the defendant's age, sex, environment, circumstances after the crime, circumstances after the crime, family relationship, and economic circumstances, etc. shall be determined by taking into account the various sentencing conditions stated in the arguments of this case, and the punishment shall be determined as ordered by the order.

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