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(영문) 서울중앙지방법원 2016.09.29 2016고단5556
상해
Text

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

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On June 27, 2016, around 05:20, the Defendant, while drinking alcohol with the victim D(32 taxes) at the “C” entertainment station located in Gwanak-gu in Seoul Special Metropolitan City, around June 27, 2016, the Defendant continued to pay the alcohol value to the victim even though the Defendant had paid the alcohol value, and then, the Defendant sustained the victim’s face, body body, etc. by making the victim unable to identify the treatment period and getting the victim out of the right eye of the body.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs of injuries;

1. Relevant Article 247 of the Criminal Act and Article 247 (1) of the Criminal Act (the point of injury and the choice of fines) concerning the crime;

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 is the period in which the defendant is a repeated crime, and the past has already been punished by imprisonment with prison labor or any heavier punishment for a crime related to violence on several occasions in the past, and the responsibility is not minor;

However, the sentencing conditions indicated in the record of the instant case, such as the Defendant’s age, sex, family relationship, family environment, motive and means of the crime, relationship between the Defendant and the victim, etc., are taken into account, and the victim cannot be punished in agreement with the victim, and the result of the injury is relatively minor, and the punishment shall be determined as above, taking into account the following factors:

It is so decided as per Disposition for the above reasons.

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