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(영문) 서울중앙지방법원 2016.07.21 2016고단3774
상해
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 19, 2016, the Defendant, within the victim C’s house located in Jung-gu Seoul Metropolitan Government, around 07:00, suffered injury on the ground that the victim avoided questions of the Defendant about male relations and paid a satisfy. During the conversation with the victim, the Defendant, as a drinking, suffered injury, such as the victim’s chests and satisfy on several occasions, and the victim’s bridge part on several occasions, which requires treatment for about 42 days between approximately 5,6,7, and 8 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to medical certificates of injury and medical records;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act (the scope of the recommended punishment in the sentencing guidelines) of the Criminal Procedure Act does not apply to the sentencing guidelines as long as the person selects a fine.

[Determination of sentence] In full view of the following circumstances, sentencing, health conditions, family relationship, family environment, economic circumstances, motive and means of the instant offense, and circumstances after the commission of the offense, etc., the sentence of fine like the order shall be imposed only once.

o Unfavorable circumstances: The part and degree of the victim's injury are not less vulnerable.

In the previous years, there have been previous crimes of the same kind of violent crime which were punished nine times, and the punishment of imprisonment without prison labor or more has been sentenced six times or more.

On April 22, 2015, the Incheon District Court sentenced 10 months of the suspended sentence to a violation of the Narcotics Control Act (compact) on April 22, 2015 and decided on April 30, 2015.

Despite the fact, the crime of this case was committed without good faith.

o The favorable circumstances: The victim agreed with the victim in the investigation process of this case, and the victim was not punished against the defendant.

Since around 2003, they shall be punished by imprisonment without prison labor or a heavier punishment for the same violent crime.

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