(영문) 대구지방법원 2013.08.08 2013고단3148

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(영문) 대구지방법원 2013.08.08 2013고단3148

상해

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a driver who has a factory for the production of motor vehicle parts of the trade name "(State)C", and the victim D(57 years old) is a emotional security guard of the same factory.

On April 26, 2013, at around 10:20, the Defendant operated the said factory Ma, located adjacent to the fixed guard room, and caused the Defendant to suffer bodily injury on the ground that the Defendant, at around 10:20 on April 26, 2013, she laid down a part ice in the parking space adjacent to the fixed guard room, and that the victim moved his ice to another place and made a resistance to the Defendant, thereby causing the Defendant to suffer bodily injury on the part of the Defendant for about four weeks, such as a flady infa, which requires approximately four weeks of medical treatment.

Accordingly, the defendant injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Complaint;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 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 of the provisional payment order is that the defendant was injured by the use of violence against the victim, and thus, it should be punished strictly. However, the defendant led to the confession and reflect of the crime, the victim does not want the punishment against the defendant, and the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and other various reasons for sentencing indicated in the arguments of this case, such as circumstances after the crime, shall be determined as ordered in consideration of various factors of sentencing indicated in the arguments of this case.

참조조문

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