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(영문) 서울서부지방법원 2019.09.18 2019고단1143
상해
Text

Defendant shall be punished by a fine of KRW 9,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 1, 2016, the Defendant was sentenced to one year for obstruction of the performance of official duties or for injury by the Daejeon District Court, and on May 27, 2017, the Defendant completed the execution of the sentence in the official prison.

At around 22:10 on January 28, 2019, the Defendant refused to request T-C's 'C' located in Mapo-gu Seoul, Mapo-gu, Seoul, i.e., at the main point of 'C', i.e., Qing the back of the victim D (n, 63 years of age) more than once, and tamping the back of the victim E (n, 63 years of age) more than once, and tamping the face of the victim E (n, 63 years of age) to stop it.

Accordingly, the Defendant assaulted the victims and inflicted injury on the victims E, such as the strike and loss of dental technicians in the days of treatment, and inflicted injury on the victims, such as telegraphbaging, right-hand water surface, right-hand water surface, and both sides sprinking, etc., which require treatment of approximately three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of F, E, and D (including each written diagnosis, written confirmation of hospitalization, records of progress, etc. attached after each written statement of E and D);

1. Investigation report (Confirmation ofCCTV video, etc.);

1. Previous convictions in judgment: The application of Acts and subordinate statutes to criminal records and investigation results reports (58 pages);

1. Article 257 (1) of the Criminal Act applicable to the crimes;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is somewhat exaggerationd that “at the time of the police investigation, the Defendant was subject to criminal punishment for violent crimes, as long as he/she voluntarily made a statement that “at least 20 years of punishment and 30 years of imprisonment.”

The instant crime was committed during the period of repeated crime.

The defendant acknowledges that his behavior was wrong later, and the victims have paid a considerable amount of money to the victims as damages, and the victims have expressed their intention not to be punished.

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