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(영문) 대구지방법원 2017.07.19 2017고단2710
상해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On February 9, 2017, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution on February 17, 2017 by the Daegu District Court, which became final and conclusive on February 17, 2017, and is currently under suspended execution.

On April 30, 2017, the Defendant, at around 10:00, discussed the issue of the Victim C (A, 36 years of age) living together with the Defendant’s business, who was a female living together (A, 105 years of age). On April 30, 2017, the Defendant collected smartphones to have the face of the female, and had the face and body of the female 3 to 4 times with the victim’s face and body on the part of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing standing photographs;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is not much long after the defendant was punished for the same kind of crime, and thus, the crime of this case is committed again during the period of suspension of execution, and the defendant has committed a similar crime in the previous case, it can be deemed that a sentence should be imposed on the defendant.

However, considering the fact that the victim does not want the punishment of the defendant but want to be punished, the victim's injury is not serious, the defendant's reflects himself, and the previous suspended sentence can be harsh to the defendant when the suspended sentence is invalidated due to the sentence.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.

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