(영문) 대전지방법원 공주지원 2015.04.10 2014고정179

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자간(%)

(영문) 대전지방법원 공주지원 2015.04.10 2014고정179

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 September 30, 2014, the Defendant: (a) around 09:20, the Defendant: (b) suffered injury to the victim C (the age of 35) who entered the said dwelling space due to the change of the dwelling space from the 3rd and lower-tier B, a public correctional institution located in Geum-dong, Sin-si; (c) on the ground that the Defendant was able to engage in a dispute with the Defendant, on the ground that she was frightly and bad; (d) on the ground that she was frighted, she suffered injury to the victim’s inner part due to the bad hand and left part of the victim for a number of 21-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. F's self-written statement;

1. A working report;

1. Application of Acts and subordinate statutes to medical records, certified copies of medical examinations, and death diagnosis certificates;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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, despite the past violent crimes, the Defendant committed the instant crime within a correctional institution while serving a prison term, even though he/she had been sentenced to criminal punishment such as imprisonment, etc. for a prison term.

Therefore, criminal punishment against the defendant is inevitable.

In determining specific sentencing, the sentence was determined by comprehensively taking into account the aforementioned circumstances and the fact that the defendant has led to confession and reflect on the instant crime, the fact that the defendant bears medical expenses of the victim after the instant crime, the age of the victim, the degree of injury of the victim, the circumstances after the crime, and the circumstances after the crime.

It is so decided as per Disposition for the above reasons.

참조조문

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