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(영문) 의정부지방법원 2020.06.04 2020고정557
상해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 22:50 on November 30, 2019, the Defendant inflicted injury on the victim D (the age of 49) who is a school line owner by breathing the breath of the victim's breath, resulting in the victim's breathing of breath, etc., which requires approximately 6 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to report internal investigation (Submission of a medical certificate of injury to a victim);

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) are the circumstances favorable to the defendant, such as the fact that the defendant recognized the facts charged in the instant case and reflects his mistake, and that the defendant agreed with the victim.

However, considering the fact that the degree of injury suffered by the victim is considerably significant, and that the defendant has a record of being sentenced to a fine due to the same kind of crime in around 1998, it is judged that the punishment of the summary order is not excessive.

In addition, in comprehensive consideration of the defendant's age, occupation, character and conduct, environment, family relationship, circumstances after the crime, etc. and all the sentencing conditions specified in the records and pleadings of this case, the punishment shall be determined as ordered.

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