Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

On May 31, 2019, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution due to the crime of injury in the Gangseo branch court of the Chuncheon District Court, and the judgment became final and conclusive on June 8, 2019.

피고인은 2019. 2. 20. 16:05경 경북 의성군 B에 있는 피해자 C(남, 54세)이 운영하는 ‘D’에서 셀프주유방법을 잘 알지 못하여 피해자에게 “렌트카라서 주유하는 방법을 잘 모르겠으니 도와달라”라고 말하였으나 피해자로부터 “그런 문제는 렌트카 회사에 전화해서 알아보라”라는 말을 듣자 화가 나, “네가 주유소 사장이냐, 네가 돈 많이 벌었으면 좀 맞아라, 개새끼야”라고 말하며, 양 손과 발로 피해자의 전신을 수십 회 때리는 등으로 피해자에게 약 3주간의 치료가 필요한 흉부 으깸 손상 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on internal investigation (the face of violence by the victim), a report on internal investigation (the state of physical damage by the victim), a written diagnosis of each injury, and a report on investigation (to attach CCTV image data);

1. Previouss before and after judgments: Application of criminal records, reply reports, court rulings (Gangne-gu 2019 highest 324);

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, character and conduct, motive, means and consequence of the crime, etc., under the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, shall be determined by comprehensively taking into account the factors of sentencing as stated in the arguments of this case

The favorable circumstances: The defendant's mistake is recognized and divided, and the state of health is not good due to cerebrovascular and depression disorder, and the crime of injury, etc. for which the crime of this case and the judgment of this case have become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act.