(영문) 서울중앙지방법원 2019.01.31 2018고정2609

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(영문) 서울중앙지방법원 2019.01.31 2018고정2609

상해

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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 August 14, 2018, at around 22:45, the Defendant kept the door of his own vehicle parked by the victim B (the age of 55) in the vicinity of the new forest, Gwanak-gu, Seoul Special Metropolitan City, 1433-158, and the franchising of the franchisium, and carried the victim from the vehicle to the next delivery of the vehicle for the reason that the defendant was faced with the franchising of the franchisium, the Defendant left the vehicle from the vehicle to the next delivery of the vehicle, and caused the victim's chest to go over two times, and the victim was faced with the head on the floor, and the victim was faced with approximately 42 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol on the accused and B;

1. The application of Acts and subordinate statutes to a criminal investigation report (Submission of a medical certificate for injury), and a criminal investigation report (CCTV video verification);

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

1. Articles 70 (1) 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 is that the victim suffered serious injury as a defendant's act, and that the defendant has been punished twice by a fine for violent crime, etc. is disadvantageous.

However, in light of all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, family relationship, means and consequence of the crime, etc., the defendant was not punished by the defendant, and the defendant was able to take the time of trial first, such as getting off the vehicle in which the victim was under the influence of alcohol and driving, when he was a cell phone, etc., the defendant was not punished by the defendant.

참조조문

유사 판례

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