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(영문) 서울남부지방법원 2016.01.28 2015고정2423
상해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On July 26, 201, at night, around 00:01, the Defendant: (a) went ahead of the conversation with the victim D (39 years of age) chief in front of the “C main store” located in Yeongdeungpo-gu Seoul Metropolitan Government, and (b) thought that the victim would have expressed his/her desire to do so; (c) said, the Defendant: (a) taken the victim’s face on a drinking basis; (b) went beyond the kneeped on the floor; and (d) took the victim’s face on a hand; and (c) went beyond the knive floor, and (d) took the victim’s knive kes around both

2. The Defendant damaged property by destroying the victim’s thallon of Samsung Talle, which was cited by the Defendant in his hand, at the same time and at a place as in paragraph 1, and caused the victim to destroy the thallon of Samsung Talle to the bottom of the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A E-document;

1. Application of Acts and subordinate statutes to the victim's photograph, internal investigation report (on-site CCTV external investigation), CCTV CD images, internal investigation report (related to the submission of a diagnosis report), and investigation report (related to the submission of a diagnosis report).

1. Relevant provisions of Article 257 (1) and Article 366 of the Criminal Act concerning facts constituting an offense. Article 257 (Selection of Each Fines)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Imposition of a fine of KRW 3 million [the former summary – fine of KRW 5 million: Confession; 3.5 million paid to the victim by an investigative agency, and the victim was not subject to the punishment of the defendant; circumstances leading to the crime; and other consideration of the defendant's age, occupation, economy, etc.];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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