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(영문) 대구지방법원 서부지원 2017.07.27 2017고단182
상해등
Text

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

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

Reasons

Punishment of the crime

On December 12, 2016, the Defendant: (a) around 15:56, around 15:56, on the road of “C” located in the Daegu-gu Seoul Metropolitan City apartment complex B apartment complex; (b) had the head of the victim D (the 55-year old-old age) once under the influence of alcohol without any justifiable reason; and (c) had the victim go beyond the floor, and had the victim go beyond the 14-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to voluntary accompanying reports, report on dispatch to the scene, photographs, and voluntary accompanying reports in violence cases;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The same year where the defendant was sentenced on March 13, 2014 at the Daegu District Court to be sentenced to six months for fraud, etc. during the period of repeated offense under Article 334(1) of the Criminal Procedure Act;

8.3. The Daegu detention house has completed the execution of its punishment.

The crime of the above crime is highly likely to be criticized, but it seems that it is not a planned crime, the degree of injury suffered by the victim is not much serious, and the agreement with the victim is favorable to the defendant.

In addition to this point, in consideration of various circumstances, such as the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime, the sentence like the order shall be determined.

Rejection of Public Prosecution

1. On December 13, 2016, the Defendant committed assault against the victim, such as, under the influence of alcohol, the 208 front playground of the B apartment complex as indicated in the facts constituting a crime on December 14:20, 2016, the breath of the victim without any justifiable reason, and the breath of the victim’s head debt.

2. The above facts charged are crimes falling under Article 260 (1) of the Criminal Act and cannot be prosecuted against the express will of the victim, and this case.

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