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(영문) 대구지방법원 의성지원 2017.02.02 2016고단252
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

[Criminal record] The Defendant was sentenced to a suspended sentence of two years on November 17, 2016 to imprisonment with prison labor for special assault, etc. in the Daegu District Court’s Sung Branch on November 17, 2016, and such sentence became final and conclusive on November 25, 2016.

[2] On April 21, 2016, at around 11:45, the Defendant heard from the victim C (a woman, 38 years of age) the phrase "attention ...............................................) that "attention ............." that "attention ............"

"In this regard, the victim's head debt was bleeped by hand, and the victim was led to the math, and the victim was in need of treatment for about 14 days, such as salt, tension.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate;

1. Each damaged photograph;

1. Criminal records as stated: Application of inquiry letter, investigation report, and other criminal records, and Acts and subordinate statutes;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include a large number of violent crimes committed against the defendant, and the fact that the injured person was punished by the defendant because the defendant did not agree with the victim is disadvantageous to the defendant.

However, it is necessary to consider equity with the case where the defendant has been tried simultaneously with a special assault that has become final and conclusive judgment, etc., the degree of injury suffered by the victim is not so significant, and other factors such as the defendant's age, sex behavior, environment, motive, circumstance, means, method and consequence leading to the crime of this case, and the circumstances before and after the crime of this case shall be determined as ordered by taking into account all the factors of sentencing as shown in the records and arguments, such as the records of this case and the changes.

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