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(영문) 서울중앙지방법원 2020.08.11 2020고단3877
상해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a taxi driver.

On January 20, 2020, the Defendant: (a) around the “C” located in Gwanak-gu in Seoul Special Metropolitan City on January 23:29, 2020, and (b) took a look at the victim D (ma, 30 years of age) and taxi riding issues; (c) brought an injury to the victim, i.e., the victim’s face at the time of drinking, and (d) the victim was suffering from the injury, i.e., the victim’s face at around 28 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of E, F and G preparation;

1. Application of Acts and subordinate statutes to photographs of damage, video pictures, diagnostic reports, on-site CCTV photographs, and on-site internal reports (to-door conversations for reference);

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. Article 334(1) of the Criminal Procedure Act provides that the degree of injury on the grounds of sentencing under Article 334(1) of the Provisional Payment Order is not easy, there is a history of punishment several times for the same criminal records: Provided, That the confession of a crime, the victim does not want the punishment against the defendant by mutual consent with the victim, the victim is also responsible to a certain extent of the occurrence of damage, such as continuing the defendant, and the motive, means and result of the crime of this case, circumstances after the crime, the defendant's age, character and behavior, family environment, etc. shall be determined as ordered by taking into account all the sentencing conditions in this case

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