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(영문) 서울중앙지방법원 2013.05.13 2013고정1304
상해
Text

A defendant shall be punished by a fine of 400,000 won.

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

Reasons

Punishment of the crime

On December 28, 2012, around 17:50 on December 28, 2012, the Defendant inflicted an injury on the victim’s face at 2-3 times due to the following reasons: (a) the Defendant was unable to know the number of days of treatment, such as tearing the victim’s face at 2-3 times at 2-3 times of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect;

1. Statement;

1. Each written statement;

1. Application of the Acts and subordinate statutes to investigation reports (related to the injury of a victim), and photographs of the injured part of the victim;

1. Relevant provisions 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, the reason for sentencing of the instant case, the victim expressed at the investigative agency that he/she would not want the punishment of the Defendant. However, in the investigative agency, the victim was indicted by an injury other than assault by photographing teared condition under the victim’s eye, and the criminal records of the Defendant’s criminal punishment (a fine of one million won for assault and assault on May 201, a fine of one million won for ordinary building and fire prevention on February 6, 2009, a fine of 1.5 million won for the injury inflicted on May 2008, and a fine of twenty-four million won for the injury inflicted on September 206, and a fine of twenty-four million won for the injury inflicted on September 206, etc.), and other circumstances where the sentencing conditions, such as the Defendant’s age, character and behavior, environment, etc., are considered as above.

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