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(영문) 춘천지방법원 2013.04.30 2013고단274
상해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

피고인은 2013. 2. 13. 01:50경 강원 C 앞 노상에서 쓰레기를 발로 찼다는 이유로 길을 지나가던 피해자 D(48세)로부터 욕설을 듣자 화가 나 주먹으로 피해자의 얼굴을 수회 때려 넘어뜨린 뒤 계속하여 발로 피해자의 얼굴을 수회 걷어 차 피해자에게 약 4주간의 치료가 필요한 두개골 골절 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Investigation report (a photo attachment, hearing report on the victim's D phone statement, hearing report on the victim's telephone statement);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act (referring to the choice of fines, and the reasons for sentencing below);

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act on the confinement in the workhouses of the defendant was denied by the investigative agency, but the court fully recognizes the crime and reflects the depth of the crime; the defendant has no record of criminal punishment despite having received juvenile protective disposition; the defendant does not want the punishment by mutual consent with the victim; the defendant is under military intervention; the defendant is under military intervention plan; the defendant's character, character, environment, and health conditions; and other circumstances revealed in the oral proceedings of this case, including the defendant's character, behavior, environment, and health conditions, shall be determined

Public Prosecution Rejection Parts

1. The summary of the facts charged was assaulted by the victim E (the 52-year-old) who is a single criminal suspect at the time and place recorded in the above facts constituting the crime, when the victim E (the 52-year-old) who is a single criminal suspect prevents the Defendant.

2. The above facts charged are crimes falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim's express intent under Article 260(3) of the same Act, and according to the written agreement received by this court, the victim E shall be punished against the defendant around April 15, 2013, which is after the victim E was prosecuted.

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