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(영문) 대전지방법원 2015.07.02 2015고정424
상해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On July 26, 2013, the Defendant was sentenced to four months of imprisonment with prison labor for larceny at the Daejeon District Court, and the said judgment became final and conclusive on January 10, 2014. On March 27, 2015, the Daejeon District Court sentenced five months of imprisonment with prison labor for larceny, etc. and one year of suspended execution on April 4, 2015.

1. On April 28, 2013, around 05:20 on April 28, 2013, the Defendant stated that “C” in the front of “C” located in the Dong-gu Busan Metropolitan City, means “C,” and “C, in the front of the snow within three seconds, she would be off the victim D.”

For the reason that 'the victim's face part is considered to be drinking, the victim's face part was broken before the victim D, and the victim's day of treatment could not be known.

2. The Defendant, on the ground that the victim E (Nam, 22 years old) speaks at the same date and time as that of paragraph 1, was used on the floor of the victim E on one occasion due to drinking, and continued to put the head of the victim E on the floor, thereby causing injury to the victim E, such as an unknown brain for about two weeks of treatment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each statement made to D, F, and E;

1. Damage photographs;

1. Certificates of medical treatment;

1. Previous convictions: Application of respective Acts and subordinate statutes;

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

1. The latter part of Articles 37 and 39 (1) of the Criminal Act that treats concurrent crimes (each of the crimes concerned and the judgment thereof becomes final and conclusive, and the theft, etc.);

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

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 of the provisional payment order;

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