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(영문) 대구지방법원 의성지원 2017.03.23 2017고단9
상해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 22, 2016, the Defendant: (a) started in front of the Seo-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si (hereinafter “49 years of age”) inflicted injury on the victim’s face on the ground that the victim C(49 years of age) who was seated on the back of the said vehicle had expressed bad speech.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to report internal investigation (as to attaching damaged photographs);

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant can have criminal records of identical violence for the reason of sentencing, and the fact that the victim was punished because the defendant did not agree with the victim, etc. is disadvantageous to the defendant.

However, the sentencing factors specified in the arguments of this case, such as the defendant's age, environment, sexual conduct, motive, means and consequence of the crime, etc., are considered, and the punishment is determined as ordered in consideration of all sentencing factors specified in the arguments of this case, such as the defendant's age, environment, sexual conduct, motive, means and consequence of the crime.

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