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(영문) 광주지방법원 순천지원 2015.10.28 2015고단1603
상해
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

At around 20:00 on June 8, 2015, the Defendant: (a) had been suffering from the victim D (the age of 54) who was the president of C Co Co Co., Ltd. due to traffic accident that occurred when the Defendant driven a taxi, and the victim E (the age of 52) had been suffering from a dispute with the victim E, on the ground that the victim E suffered from the problem of repair expenses; (b) has gone over three times to drinking the victim E’s face; (c) has continued to go beyond the victim E on several occasions; and (d) has inflicted injury such as cerebral dye which requires a two-day medical treatment; and (d) has been suffered from the victim E’s shoulder, neck, neck, etc., the Defendant got the victim D’s shoulder, neck, etc., who was at the end of two weeks of medical treatment to the victim D, and caused the victim D to suffer approximately two-day injury such as salt, tension, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. E statements;

1. Ten copies of the photograph;

1. A statement of opinion and a medical certificate;

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

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The court below erred by misapprehending the legal principles as to the crime of violence on the ground of sentencing under Article 334(1) of the Criminal Procedure Act, including the following: (a) 16 criminal records of the crime of violence on the ground of sentencing under Article 334(1) of the Criminal Procedure Act

However, the degree of injury of the victims is relatively less light, the victims are not subject to punishment of the defendant, and the victims have not been punished for about five years from July 9, 2010 to June 8, 2015, which is the date of the instant crime, are favorable to the defendant.

In addition, all the sentencing conditions shown in the records, such as the age, character, conduct and environment of the defendant, shall be determined as ordered.

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