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(영문) 인천지방법원 2015.10.14 2015고단4368
상해
Text

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

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On May 23, 2015, at around 06:45, the Defendant, at “G cafeteria,” located in the Namdong-gu Incheon Metropolitan City F, claimed that the Victim H (Inn, 18 years old) was slick with other table customers, and caused a dispute with the victim, the Defendant, who was flicking and flicking to the direction of the victim, was in need of treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of victim of H;

1. CCTV closures and CDs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria shall not be applied as a fine is selected for the crime in the judgment.

2. The Defendant may have a criminal record of violence, and, in particular, even though he/she has committed a repeated crime due to violence, he/she has committed a crime of bodily injury. Therefore, the liability for the crime is not weak.

However, the degree of injury is easy, the defendant recognizes the crime and agrees with the victim, and the victim selects the fine in consideration of the fact that the victim seeks the defendant's preference, and the above circumstances were considered in the calculation of the fine amount.

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