(영문) 대전지방법원 2018.04.13 2017고단4646

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자간(%)

(영문) 대전지방법원 2018.04.13 2017고단4646

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

The defendant is between the victim B (n, 49 years of age) and the victim B.

On July 30, 2017, at around 04:00, the Defendant discovered a female driver's license photograph stored in a Handphone of the Defendant in the Dong-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, and claimed the same against the injured party, which caused the victim to be bucked, and caused the victim's chest to go over the floor by tightly pushing the victim's chest with his hand, and caused the victim to go beyond the floor, which requires treatment for about 14 days for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act and Article 257 of the same Act concerning the crime, the selection of fines;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act in the custody of a workhouse is that the Defendant was sentenced to two years of suspension of execution on July 6, 2017 by the Daejeon District Court for compulsory indecent act, etc. on July 6, 2017 and was sentenced to two years of suspension of execution on July 14, 2017, and the Defendant committed the instant crime without being familiar with the period of suspension of execution determined by the said judgment.

However, in the course of pursuing a female problem to the defendant, the victim of this case is considered as a favorable circumstance, such as the fact that the victim was bucker of the defendant, the defendant's netization, and the victim was committed in excess of the floor, and there are some circumstances to take into account the circumstances, that is, there is a violation of his/her mistake, that the defendant deposited KRW 5 million for the victim, that the victim was not serious, and that the degree of the victim's injury was not serious. In addition, the decision to select a fine by taking into account all the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, etc.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제257조 제1항

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