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(영문) 서울중앙지방법원 2013.06.11 2013고단2180
상해
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 25, 2013, the Defendant was sentenced by the Seoul High Court for three years and six months to imprisonment with labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., and the said judgment became final and conclusive on May 3, 2013.

Around 02:50 on March 10, 2013, the Defendant: (a) 11 at the 11st room of the Seoul detention center located in Manyang-ro 143, Gangyang-ro 143, and (b) the Defendant inflicted an injury on the victim C (59 years of age) by walking the victim’s left part of the victim’s left part of the victim’s walking one time due to a sudden shock of the victim’s face while breaking the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. A criminal investigation report (a photographic file, such as a suspect's 2-to-be book);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to report the results of confirmation (attached to written judgments);

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not well-known while the defendant was sentenced to a severe punishment in the first instance court and was not aware of the fact that he committed the instant crime. However, it is poor that the victim does not want the punishment of the defendant, the damage is not relatively heavy. The instant crime is in the first head criminal offense in the judgment and the latter part of Article 37 of the Criminal Act concurrent crimes, and other various conditions of sentencing such as the defendant’s age, character and conduct, environment, and circumstances after the crime are considered as a whole.

It is so decided as per Disposition for the above reasons.

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