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(영문) 청주지방법원 2021.01.21 2020고단1465
상해
Text

1. Defendant A shall be punished by a fine not exceeding 1.5 million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On May 16, 2020, Defendant A around 00:32, on the front side of Seocho-gu, Seocho-gu, Cheongju-si, Cheongju-si, the Defendant: (a) placed the victim B (a name tag: C) and the part of the victim’s face and the part of the victim’s face; (b) placed the victim on the front side of his previous female-friendly appearance E; (c) placed the victim on the back side of his face and the left hand by drinking, with approximately four weeks of treatment.

2. Defendant B committed assaulting the victim on the following grounds: (a) the victim was satisfing with the victim A at the same time and place as set forth in paragraph (1); (b) the victim’s head was satisfing with the victim’s head; and (c) the Defendant

Summary of Evidence

1. Defendant A’s legal statement

1. Each legal statement of witness A and E;

1. A photographic description (including a written diagnosis of injury) of the police suspect C in relation to C, of the suspect interrogation record;

1. The CD;

1. Investigation Report (Report on CCTV image analysis of the suspect C) [The defendant B and his defense counsel asserted that the above defendant's act of assault constituted a legitimate act, but in light of the developments leading up to the crime of this case and the form of the crime acknowledged by the evidence above, it is difficult to view that the above defendant's act of assault constituted a legitimate act.

Therefore, the above defendant and his defense counsel cannot be accepted.

Application of Statutes

1. Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; Article 260(1) of the Criminal Act; Article 260(1) of the Criminal Act; Selection of a fine;

1. Penalty defendant B to be suspended of sentence: Fines of 300,000 won;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (in the case of 100,000 won per day);

1. Defendant B’s suspended sentence: as above, for the following reasons: (a) Article 59(1) of the Criminal Act (a) provides that all the circumstances revealed in the record, including the fact that the Defendant denies the crime, but has no record of criminal punishment; (b) the Defendant suffered much more damage than that of the Defendant A; and (c) some of the circumstances that may be taken into account in the course of committing the crime.

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