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(영문) 제주지방법원 2014.04.18 2014고정242
상해등
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around June 18, 2013, the Defendant assaulted the victim who d(s), 49 years old, and his/her spouse, who were living in adjoining areas, with drinking alcohol, and had the victim d(s) and his/her spouse undergo an examination on himself/herself while drinking alcohol. The victim d's d'(s) and e's h's h's h's h's h's h's h's h's h's h', and h's h's h's h's h's h's h's h's h' and h's h' h' h'

2. On June 19, 2013, around 05:30 on June 19, 2013, the injured Defendant: (a) at the Froinian or female escape room, the restaurant building as indicated in paragraph (1) of this Article, the victim knew that the victim talks about the walking case as above in the Defendant’s speech G before the day, and, (b) took care of the victim’s face by her hand and knishing the head knife with knife and knife the knife, thereby causing injury to the victim on board the ship, who is in need of approximately two weeks’ treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes to a medical certificate and a copy of emergency medical services log;

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime: Articles 260 (1) and 257 (1) of the Criminal Act; Selection of each fine;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. A provisional payment order: A favorable normal circumstance is determined as per Disposition by taking into account all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act. The fact that the facts of the crime are recognized and reflected, the injury suffered by the victim is minor, and the circumstances to be considered in the course of the crime exist (the victim, first of all, was faced with the defendant, who was sentenced to a summary order of KRW 500,000,000 as fine for the offense of insult, became final and conclusive on December 7, 2012 (see, e.g., Supreme Court Decision 2013Da5394, Dec. 7, 2012).

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