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(영문) 서울중앙지방법원 2015.01.22 2014고단8824
상해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 11, 2014, the Defendant: (a) around 22:30, at the entrance of the Hanwon-dong Urban Development Apartment at 110, 55-gil-dong, Gangnam-gu, Seoul, the Defendant carried out drinking in the direction of the victim C (50 years of age) while drinking alcohol at the entrance of 110-gil-dong, Gangnam-gu, Seoul, on the ground that he was based on drinking alcohol to D, who is the defendant's patriotic person, left the floor by booming the balthro of the victim; (b) once head was carried out as drinking, and (c) balked with balking the victim for approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A E-document;

1. An explanatory note (or a medical certificate of injury submitted to C);

1. Application of Acts and subordinate statutes to photographs of the body part of the victim;

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. On May 17, 2012, the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act: (a) was sentenced to four months of imprisonment with prison labor for a crime of perjury at the Jung-gu District Court for the punishment of perjury on September 17, 2012; (b) completed the enforcement of the sentence on September 17, 2013; and (c) even though the Defendant had much record of having been punished by imprisonment with prison labor, suspension of execution, and fine, the Defendant committed the instant crime that inflicts bodily injury on the victim without temporaryization; and (c) there is a considerable possibility of criticism against the Defendant in light of

However, in light of the fact that on January 12, 2015, after the Defendant’s mistake was divided and the prosecution of this case was instituted, the victim did not want punishment against the Defendant, and there are some circumstances to consider that the Defendant committed the crime of this case, and that the Defendant committed the crime of this case, it is somewhat harsh to impose a fine on the Defendant only once, and the amount of the fine is determined as ordered in consideration of the above circumstances.

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