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(영문) 수원지방법원 여주지원 2017.03.31 2017고단19
상해등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. 상해 피고인은 2016. 11. 10. 22:50 경 충주시 B에 있는 ‘C 식당 ’에서, 안주로 나온 주먹밥이 뜨겁다며 업주인 피해자 D( 여, 34세 )에게 시비를 걸던 중 피해자의 태도가 마음에 들지 않는다는 이유로 화가 나 그곳 테이블 위에 있던 숟가락과 젓가락을 집어들고 카운터에 앉아 있던 피해자에게 다가가 숟가락과 젓가락을 쥔 주먹으로 피해자의 왼팔을 1회 내리쳐 약 2 주간의 치료가 필요한 ‘ 좌측 아래 팔부분의 타박상’ 등을 가하였다.

2. At the time and place set forth in paragraph 1, the Defendant: (a) obstructed the victim’s restaurant business by force by assaulting the victim as above; and (b) obstructing spores and salted fishing on the restaurant floor for about 20 minutes; and (c) spokes and sounding.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report internal death (Attachment of a medical certificate of injury) and a medical certificate of injury;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 314(1) of the Criminal Act (the point of interference with business), and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant deposits KRW 1.2 million as the compensation for the damage to the victim, but the case is not less exceptionally because it is not agreed with the victim.

However, considering the fact that the defendant has no record of punishment exceeding a fine in favor of the defendant, the extent of injury to the victim, time and degree that impedes the business of the victim, and the age of the defendant, sexual conduct, environment, motive and circumstance of the crime, circumstances after the crime, relationship with the victim, etc., the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions revealed in the trial of this case, such as the degree of injury to the victim, time and degree that impedes the

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