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(영문) 수원지방법원 2017.08.18 2016고단5014
상해
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

On July 14, 2015, the Defendant was sentenced to a suspended sentence of two years for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Gangnam Branch of the Chuncheon District Court on the following grounds: (a) on the 22th of the same month, the Defendant was sentenced to a suspended sentence of one year and six months; (b) on February 12, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for special injury, etc. in the Suwon branch of the Suwon District Court; (c) on the 20th of the same month; and (d) on the 20th of the same month, the Defendant continued to have been sentenced to a final appeal of six months; and (d) on July 20, 2016, the Victim C (36 years of age) was sentenced to imprisonment with prison labor for special injury from the Suwon branch of the Suwon District Court on July 4, 2016, and the Defendant was admitted to a detention center of seven years from the Suwon branch of Suwon

At around 16:50 on July 31, 2016, the Defendant, on the ground that the victimized person used the toilet at the time of personnel inspection, had the victim's face three times due to his/her own drinking, and caused the victim's head to be taken one time due to his/her mistake of plastic material in the place, and caused the victim's head to be examined by the head of his/her head on the day of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of witness C and E;

1. Statement made to F or G by the police;

1. Application of the provisions of the Act and subordinate statutes, such as a working report, a copy of a photograph taken on the level of C injury, a national flag, etc., one copy of evidentiary photo, one of the medical records of the suspect C, and one-time inquiry into history of the confinement room;

1. Article 257 (1) of the Criminal Act and Article 257 of the same Act concerning the crime, the selection of fines;

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

1. Crimes committed during the period of suspended execution of punishment under Article 334(1) of the Criminal Procedure Act, or those committed during the period of suspended execution of punishment under Article 334(1) of the Criminal Procedure Act, or those committed against the defendant, and those who committed a crime against the victim and who were only agreed with the victim, are not wanting to be punished by the defendant, the punishment as set forth in the text shall be determined.

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