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(영문) 서울중앙지방법원 2016.09.08 2016고단4688
상해
Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

[criminal power] On June 11, 2012, the Defendant was sentenced to three years of imprisonment for a violation of the Punishment of Violences, etc. Act (a deadly weapons, etc.) in the Gwangju District Court’s Support for Manpoon, and completed the execution of the sentence on August 30, 2015.

【Criminal Facts】

On July 7, 2016, the Defendant, around 13:30 on July 13, 2016, suffered an injury that could not know the number of days of treatment by considering the face of the victim on the ground that the victim D(27 years of age) who is an employee referred to as “B,” was the victim’s face in Gangnam-gu Seoul, Gangnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Criminal records held: Application of inquiry reports, such as criminal records, and investigation reports (Evidence List Nos. 6)-related Acts and subordinate statutes;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment [decision of sentence] are as follows: (a) comprehensively taking account of the following factors, such as the Defendant’s age, character and conduct, family relationship, family environment, motive and means of the offense; and (b) the sentencing conditions as shown in the trial process of the instant case shall be subject to a fine as ordered only once.

o Unfavorable circumstances: The former has been punished several times for the same violence crimes, and the crime of this case has been committed without conviction even though it is during the period of repeated crime due to the same kind of crime.

o favorable circumstances: The degree of injury of the victim is not an obvious letter.

After the crime, there was an agreement with the victim, and the victim has not been punished for the defendant.

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