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(영문) 의정부지방법원 2017.09.13 2017고단3364
상해
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On July 4, 2017, the Defendant: (a) 21:15, while smoking tobacco in the E corridor of the victim D (49 Do) operated on the level C and C, the Defendant: (b) heard the victim’s speech from the said victim that he would not smoke; (c) she was drinking once a part of the victim’s side glass; (d) she was walking the victim’s inside and outside part of the victim’s drinking, and (e) she was inflicted an injury, such as an oral heat, a satching disorder, etc., which requires approximately two weeks of medical treatment on a hand, when drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning a protocol concerning suspect examination of the police against D;

1. Descriptions in damaged photographs, CCTV video CDs, and injury diagnosis certificates, and the application of video-related Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act (the sentencing criteria shall not apply as the case has been selected by a fine)

On January 22, 2016, the Defendant was released on August 13, 2016, when he was sentenced to eight months of imprisonment with prison labor due to a special assault, etc. by the District Court of the Republic of Korea on January 22, 2016, and the remaining term of imprisonment has expired on September 22, 2016, and committed the instant crime within the period of repeated crime.

However, in consideration of the fact that the defendant led to the confession of the crime and the fact that the defendant paid 5 million won and agreed with the victim, and the victim submitted a written application to the effect that the defendant would be responsible for the prior action against the defendant, the defendant shall be punished by a fine.

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