(영문) 수원지방법원 평택지원 2021.02.19 2020고단1423

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 평택지원 2021.02.19 2020고단1423

상해

Text

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

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

Reasons

Punishment of the crime

The Defendant, on April 23, 2020, engaged in “C” restaurants located in Pyeongtaek-si B around 11:00, in which the Defendant engaged in the same workplace rent.

During the process of a meeting, the victim D (n, 20 years of age) brought about due to a previous relationship with the victim D (n, 20 years of age), tried to catch the victim's hand, take the victim's head from outside, take the victim's head one time with his hand, keep the victim's head head, knife the victim's head, knife the victim's head from the above restaurant parking lot, expand the victim's head to the floor, knife the victim's head to the floor, knife the victim's head to the victim's head, and knife the victim's face, the victim's head to the victim's head cannot be identified.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Place and photograph of the crime;

1. Application of the Act and subordinate statutes to report on investigation (verification of CCTV at the place of crime) and report on investigation (verification of records at the emergency center of a victim);

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include the following circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive for the crime, means and consequence of the crime, and all sentencing factors indicated in the pleadings of the instant case, such as the circumstances after the crime, shall be comprehensively considered, and the sentence shall be determined as ordered.

D. Unfavorable circumstances: The motive and circumstance leading the victim to use violence, and the circumstances that are favorable to the very roughly poor: The fact that the method of violence recognizes the crime and reflects the crime, and that the degree of injury does not appear to have reached a very serious degree; although the victim did not have the intention to be punished, it appears to have reached an agreement on civil damages, and it appears to have reached an agreement on civil damages.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제257조 제1항

유사 판례

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