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(영문) 광주지방법원 2020.09.11 2020고단2173
폭행치상
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who conducts a construction interior business.

On November 24, 2019, at around 01:22, the Defendant: (a) took time for the victim D (the 48 years of age) in front of the parking lot of the C funeral hall located in the Jeonyang-gun B; (b) on the ground that the victim expressed “Ye. C. C. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.s.)”, the Defendant was injured by the victim during the process where the victim was pushed the victim over the floor and caused the victim to suffer from the injury to the c. c. of the c. c.

Summary of Evidence

1. A written statement concerning D's legal statement of the defendant concerning D;

1. Application of Acts and subordinate statutes to a report on internal investigation (a CCTV analysis and CCTV attachment related to the C funeral hall), an on-site photograph examination report;

1. Relevant provisions of the Criminal Act and Articles 262, 260 (1) and 257 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which does not reach an agreement with the victim, the degree of injury suffered by the victim, is an unfavorable factor for sentencing. At the time of the instant case, the victim is able to take the initiative first to the defendant, the victim is able to do so, and the defendant does not have previous criminal records, and there is no criminal history exceeding the fine, and the defendant shows an attitude to recognize and reflect the instant crime.

In addition, the punishment as ordered shall be determined by comprehensively taking account of the various circumstances revealed in the trial process, such as the age, circumstances of the crime, and the circumstances after the crime, etc., of the defendant revealed in the records and the trial

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