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(영문) 청주지방법원 제천지원 2019.01.31 2018고단258
상해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On March 19, 2018, the Defendant, at the main point of “C” located in the second floor of the 2nd floor of the Incheon City B building on the ground that the victim, while drinking alcohol, she was able to take the head debt of the victim, on the ground that the victim, including the victim D(52 years of age), and was able to take the victim’s face by drinking, and was inflicted an injury on the victim, i.e., e., light balll, bones, fluorite, etc., for about six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. A written diagnosis of injury;

1. Photographs explanation;

1. Application of Acts and subordinate statutes governing recording records;

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. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:

The degree of injury of the victim is heavy.

There are many criminal records of the same kind of crime.

It was committed during the suspension period of the execution of imprisonment with prison labor due to the crime (Fraud) of this species.

The favorable circumstances: The mistake is recognized and reflected.

The defendant and the victim, known to each other in the region, committed a contingent crime with the victim, a verbal dispute, or a dispute with the victim.

The defendant shall pay 1.5 million won to the victim, and the victim shall not want the punishment of the defendant by agreement.

There is no record of having been sentenced to a suspended sentence of imprisonment or more for the same crime for the last five years.

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