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(영문) 서울남부지방법원 2018.06.27 2018고단219
상해
Text

Defendant shall be punished by a fine of 300,000 won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On September 4, 2017, around 22:20 on September 4, 2017, the Defendant left the face of the victim E (20) with his hand on the ground that the victim E (20) does not turn tobacco in front of Guro-gu Seoul Metropolitan Government.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Each police statement made to F and G;

1. On-site dispatch reports;

1. The victim E's photograph (the defendant and his/her defense counsel are the fact that the defendant takes the head of the victim E, but did not care of his/her face on drinking;

DaNN

However, each legal statement of the witness F and G (the defendant taken the victim's head and taken the victim's face at the time of drinking).

If the evidence duly adopted and investigated by this court including the witness’s statement (no particular circumstance exists to reject the credibility of the witness’s statement) and the evidence duly admitted and investigated by this court reveals the circumstances in which the victim’s face, neck, etc. were verified immediately after the instant case, it can be acknowledged that the Defendant committed assault against the victim as stated in the facts constituting a crime in its judgment)

Application of Statutes

1. Relevant Article 260 of the Criminal Act and Article 260 of the Criminal Act (the point of violence 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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment: The defendant intended to admonish the victim;

Even if the victim's head was corrected, the victim's head was assaulted.

The favorable circumstances: there is no record of criminal punishment against the defendant.

At the time of the instant case, the Defendant suffered serious injuries by assaulting the victim.

In full view of the above circumstances, degree of damage, circumstances after the crime, and other circumstances, such as the defendant's age, sex, and environment, which are conditions for sentencing as shown in the records and arguments of this case, the punishment as ordered shall be determined.

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