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(영문) 서울서부지방법원 2018.08.08 2018고단943
상해
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 15, 2017, around 02:20 on October 15, 2017, at D clubs located in Yongsan-gu Seoul Metropolitan Government, the defendant's wife and the victim E (38 years old) met with each other, and when the victim's face is taken by drinking, the defendant got about three weeks of treatment, and the victim's alleys require approximately four weeks of treatment.

Summary of Evidence

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes, such as an injury diagnosis certificate and medical records;

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

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: relatively more favorable circumstances such as the victim's injury's alleys that require a three-day medical treatment, and the mouths that require a four-day medical treatment: The body of the victim and the defendant's wife suffers from a defect; and there are circumstances to be taken into account as the defendant committed the instant crime in a somewhat contingent manner; the defendant did not have any history of criminal punishment; the defendant expressed his/her intent that he/she wants to take the defendant's preference by agreement with the victim; the victim expressed his/her age, sex, career, home environment, motive for committing the instant crime, and circumstances after committing the instant crime; and all other circumstances that form the sentencing conditions specified in the pleadings, such as the defendant's age, sex, career, home environment, motive for committing the instant crime, and circumstances after committing the crime;

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