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의정부지방법원 고양지원 2015.11.19 2015고단867

상해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

At around 00:00 on March 25, 2015, the Defendant suffered injury, such as salt, tension, etc. of the bones of 14 days in need of medical treatment, when the Defendant was her face from the victim, who was faced with the disturbance of the Victim D (W, 52 years of age) who was faced with the disturbance of the Victim D (Wooyang-gu) from Goyang-gu, Goyangyang-gu, Goyang-si, 2015, without any particular reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police concerning F (including statement hearing by theG telephone);

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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 crime of this case is committed without referring to the period of repeated crime, which has completed the execution of the sentence according to the judgment sentenced to the sentencing of Article 334(1) of the Criminal Procedure Act for the reason of sentencing of the provisional payment order, under circumstances unfavorable to the victim, such as the fact that the defendant committed the crime of this case without referring to the period of repeated crime, the agreement with the victim or the fact that the victim has not been able to take advantage of the victim, the crime of this case seems not to have been committed rapidly, contingently, it seems to have resulted in the crime of this case, the fact that the defendant's mistake was recognized and against himself, and the decision of the choice of imprisonment is inevitable. This is a normal situation favorable to the defendant's age, character and behavior, environment, family relationship, motive, means and result of the crime, and the circumstances after the crime, etc.