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Reasons
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(영문) 대전지방법원 2014.03.21 2014고정202
상해
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1. Defendant shall be punished by a fine of KRW 1,000,000;

2. If the defendant does not pay the above fine, 50.1 day.

Reasons

Punishment of the crime

At around 13:00 on October 18, 2013, the Defendant: (a) took a dispute with the victim E (the age of 32) who was working in the said Dmaccop before the Dmaccop in Seo-gu Daejeon, Seo-gu, Daejeon, and with respect to the distribution of the Cmaccop event leaflets, and caused the victim to “the thickness to create the next Cmaccop,” while passing ahead of the Cmaccop in a state where appraisal is not good; (b) the victim was cut off from the past, and the victim was her shouldered with the Defendant’s shoulder and face, thereby causing injury to the victim, such as the mouth of the bones, requiring approximately three weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A medical certificate of injury in preparation of doctor F;

1. Application of Acts and subordinate statutes on filing a complaint of E;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

3. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the victim’s phrase “the thickness to create a disease” and the defendant appears to have caused the instant fighting match by taking account of the circumstances favorable to the defendant, such as the following: (a) there is no measure to recover damage even though the victim’s joint bones was aggravated by cutting off the victim’s face; (b) the defendant committed a bodily injury by selling the victim’s face at a multiple times; (c) there is little degree of the act of assault; (d) there is no history of punishment previously imposed by the defendant; and (e) there is no economic situation due to credit recovery; and (e) there is no high level of depth against the defendant.

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

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