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(영문) 의정부지방법원 고양지원 2020.05.21 2019고단2592
상해등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 20, 2019, the Defendant: (a) at the On-Road Parking Lots B Apartment-dong, Pakistan (hereinafter “On-Road Parking Lots”) around 21:50 on July 20, 2019, the Defendant: (b) abused the victim’s body by assaulting the victim by exposing the victim’s driver’s seat at one hand on the ground that the victim D (the victim’s age 47, female) found a parking place; (c) opened the victim’s driver’s seat at one hand; and (d) saving the victim’s breath with other hand; and (d) continuously breathing the victim’s flap with the Defendant’s growth and cellular phone so that the favorable flap of the victim’s body is protruding; and (d) flad the victim’s flap, etc. requiring treatment for three weeks.

2. The Defendant: (a) destroyed the victim’s vehicle by cutting the sunlight of the victim’s seat in hand at the same time and at the same place as above; (b) cutting ahead of the driver’s seat of the vehicle; (c) cutting the front of the driver’s seat; (d) cutting the front of the driver’s seat; and (e) cutting the front driver’s and the driver’s seat on the cell phone in his hand, thereby damaging the victim’s vehicle to cover KRW 2,705,140.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to each field photograph, written diagnosis of injury, and written estimate;

1. Relevant Article 257 (1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act (the point of causing damage to property), and selection of fines for a crime;

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

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime again similar to the instant crime even though he/she was sentenced to a suspended sentence due to the obstruction of performance of official duties and the occurrence of damage under the influence of alcohol in 2018.

This is an unfavorable circumstance to the defendant.

The defendant recognized all crimes, compensated the victim for damage, and the victim does not want the punishment of the defendant.

Defendant.

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