(영문) 인천지방법원 2013.11.26 2013고단4387

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(영문) 인천지방법원 2013.11.26 2013고단4387

상해

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[Criminal Power] On April 9, 2013, the Defendant was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc., and three years of suspended execution, and the judgment becomes final and conclusive on the 17th of the same month and is still under suspended execution.

【Criminal Facts】

At around 02:00 on July 18, 2013, the Defendant, within the D Hospital Emergency Office in Jung-gu Incheon Metropolitan City, was under the influence of alcohol while being being treated as a wound due to traffic accidents, was under the control of the victim E (the age of 23) who is working there, and the Defendant, when making the face of the victim more than 10 days, she was faced with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) and Acts and subordinate statutes;

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

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

1. In light of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of having been punished several times for the same kind of crime, and that the crime of this case was committed even during the suspended execution period, the defendant should be punished strictly.

However, there are reasons to take into account the circumstances, such as the defendant's mistake in depth, the fact that the defendant committed the crime of this case in contingency under the influence of alcohol, the degree of injury is minor, etc., and the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, etc., and other various sentencing factors specified in the arguments, such as the defendant's age, character and behavior, intelligence and environment, relationship with the victim, motive of the crime, means

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