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(영문) 춘천지방법원 2018.03.28 2018고정31
상해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Defendant

A is a family-based relationship with the victim B (46 years, South) with the family-based father.

around 01:00 on October 13, 2017, the Defendant: (a) was misunderstanding that “D” in front of ‘D’ in Osan City, Sinsan-si, was killed by another male; (b) was satisfyed with a pipe of his face and backwards; and (c) caused the victim’s injury on the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of statutes on site 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 is that the victim of the case where the provisional payment order is sentenced to the punishment shall be deemed to be an element of sentencing unfavorable to the defendant, such as the following: the victim’s damage that flows out to the extent that the victim’s aftermath is exposed to a 10cc or more wide; the victim’s damage that flows out on the road is not less than 10cc wide; the defendant has three times the history of punishment for violent crimes; and the history of the criminal investigation is not more than six times.

However, it appears that the defendant recognized the crime of this case and reflected against the defendant, there is no record of criminal punishment of suspension of qualification or more severe punishment, the victim continues to live together with the defendant for the purpose of marriage even after this case, and the victim does not want the punishment of the defendant, etc., shall be considered as factors of sentencing favorable to the defendant, and the punishment shall be determined as ordered by taking into account all other circumstances, such as the defendant's age, sex, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc.

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