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(영문) 전주지방법원 2017.01.25 2016고정996
상해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On June 9, 2016, at around 02:20, the Defendant was provided with alcohol and food from the injured party at the first room of the E amusement shop operated by the victim D, Young-gu, Seojin-gu, Seoul, on June 9, 2016, as if he were aware that he did not have the ability or intent to pay the price, and was provided with alcohol and food equivalent to 50,000 won in total from the injured party.

Accordingly, the defendant was given property by deceiving the victim.

2. On June 9, 2016, at the above location around 02:55, the injured Defendant: (a) sealed the victim’s head scam by scambling the victim’s head scam with the defect that the victim would pay the drinking value; and (b) on one occasion with the upper part of the victim’s left part with the upper part of the loss.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs, etc. of damaged parts, receipts, injury diagnosis certificates, CDs;

1. Application of Acts and subordinate statutes of each investigation report;

1. Article 347(1) of the Criminal Act (the point of fraud), Article 257(1) of the Criminal Act (the point of injury) and the selection of each fine concerning the crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the Defendant’s crime of each of the crimes in this case is light of the nature of the crime

subsection (b) of this section.

There is a history of punishment such as fine, suspension of execution, etc. due to the same violent crime.

They did not receive a letter from the injured party.

This is considered as an unfavorable factor in sentencing.

The sentencing conditions under Article 51 of the Criminal Act, such as the age, conduct of sex, motive, means and result of the crime of this case, shall be determined by taking into account all the conditions of sentencing under Article 51 of the Criminal Act, such as the circumstances before and after the crime of this case.

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