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(영문) 전주지방법원 2019.01.09 2018고단2199
상해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On March 24, 2017, the Defendant was sentenced to three years and six months of imprisonment with prison labor for robbery, injury, etc. in Daegu District Court and racing support on August 18, 2017, and the said judgment became final and conclusive on August 18, 2017, and is currently serving a sentence in the previous prison

On October 5, 2018, the Defendant: (a) around 06:50 on October 5, 2018, at the Jeonju prison C, the victim B (the age of 44) was named in the Defendant’s place; (b) caused the victim’s injury, such as tearing in the treatment days, by making the victim’s entrance twice due to drinking.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each written statement of D and E;

1. Medical records of victims B;

1. Application of the Acts and subordinate statutes on the furnites of the victim B;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Circumstances for sentencing favorable to the reasons for sentencing under Articles 32(1) and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (the scope of Defendant’s liability for compensation is unclear and thus it is not reasonable to issue an order for compensation): The circumstance is that the Defendant repents his mistake and reflects his depth; that the Defendant prepared a written statement that the Defendant first expressed the victim’s desire in an investigative agency; that the Defendant appears to have faithfully recovered without causing any particular material except the instant case during a long-term convict life.

D. Unfavorable circumstances: The defendant did not know even though he was serving in prison due to the crime of special robbery, and did an injury by assaulting another prisoner; the degree of injury of the victim is not less than that of the victim; the victim wants to punish the defendant; and the defendant has five times of punishment for violent crimes, two times of punishment, three times of fines, and criminal records of the ruling.

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