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(영문) 광주지방법원순천지원 2020.10.07 2020고단2205
상해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On January 11, 2019, the Defendant was sentenced to imprisonment with prison labor for one year and six months in the Gwangju District Court's netcheon Branch on January 19, 201, and the said judgment became final and conclusive on January 19, 2019 and is currently serving a sentence in the current net prison.

On August 5, 2020, the Defendant: (a) moved the victim C (Nam and 21 years of age) in 2-dong room of the Yacheon-ro, 790-ro, Yacheon-ro, Yacheon-ro, Yacheon-ro, Yacheon-ro, 200 to be bad for the Defendant; (b) led the victim’s breath, which came from the toilet, in both hands, and led in the toilet door; (c) moved out on the victim’s bridge; and (d) took about six times after both bucks and knees of the victim’s bucks, the Defendant left the victim’s kne on the day of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Damage photographs;

1. Application of investigation report (Submission of medical records of a victim's net thousand prison) and Acts and subordinate statutes concerning medical records of prisoners;

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

1. Articles 70 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 of the provisional payment order is that the defendant is not familiar with the prison and again commits the instant crime, there is a need for strict punishment in view of the fact that the defendant is committed in the prison.

However, the sentencing conditions in the records, such as the defendant's age, character, conduct and environment, shall be determined as ordered in consideration of the fact that the defendant's mistake is recognized and reflected, that the victim does not want punishment by mutual consent with the victim, and the part and degree of the injury in this case, and the age, character and behavior and environment of the defendant.

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