(영문) 전주지방법원 2016.11.02 2016고단1337

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(영문) 전주지방법원 2016.11.02 2016고단1337

상해

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Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[Criminal Power] On November 10, 201, the Defendant was sentenced to three years by the Jeonju District Court for a violation of the Punishment of Violences, etc. Act (joint injury) and was released on May 2, 2014 during the execution of the sentence, and the parole period passed on November 7, 2014.

【Criminal Facts】

On March 25, 2016, around 23:10 on March 25, 2016, the Defendant: (a) went beyond the floor by putting the victim D(63 years of age) who is a taxi driver in front of the building in the front of the building in the front of the Yju-gun, and the taxi fee cut; and (b) stating that “if he does not know the taxi, he shall report it”; and (c) “on the back of the width, he shall be dead”, and “on the part of the victim, he did so.”

As a result, the Defendant inflicted injury on the victim such as cages, tensions, etc. in need of approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the DNA statement section);

1. E prosecutorial statement;

1. Statement made to D by the police;

1. A medical certificate and a victim's photograph;

1. Previous convictions in judgment: Application of criminal records and investigation reports (verification of suspect confinement information) and Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act and the choice of a fine concerning the crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant does not know about the crime of this case within the period of repeated crime, and at the same time, commits the crime of this case.

However, the sentencing conditions under Article 51 of the Criminal Act, such as the fact that the injured party is relatively minor, the fact that the injured party was fully agreed with the injured party, the age, character and conduct of the accused, the motive, means and consequence of the crime, and the circumstances before and after the crime of this case, shall be determined as the disposition

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