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(영문) 창원지방법원 2018.06.07 2018고단891
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

The defendants are punished by Victim C (32).

On November 17, 2017, at around 20:20, the Defendant: (a) was located in Kimhae-si D; (b) in a space where the body of “E” (E) was located; (c) when the Defendant resisted the Defendant to the police about the fact that the Defendant reported to the police, the Defendant was unable to hear any answer from the victim.

The Defendant, while stating “Insurging the horses inside, she turned the victim into the floor by surging the victim by hand, she laid the victim into the head of the damaged person’s body by using the main electronic in the next place.”

The Defendant continued to attract the victim, lying the victim on the floor, lying the room on the floor, leading the victim, and kneeing the victim on the floor by force, thereby causing approximately two weeks of medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution and the police with regard to C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Aggravated Punishment, inasmuch as the Defendant committed the instant crime under investigation and summary order by force on two occasions against the victim who is friendly in 2017 and under investigation and summary order by an investigative agency, such crime is not good, but the Defendant’s mistake would not again be used against the victim in the future.

In light of the fact that there is hard progress, the defendant did not have any previous conviction prior to the dispute with the victim, and the degree of injury of the victim is not severe, etc., the punishment as set forth in the text of the fine shall be determined by the decision.

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