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(영문) 춘천지방법원 2018.01.18 2017고정417
상해
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, it shall be KRW 100,000 per day.

Reasons

Punishment of the crime

On March 17, 2017, the Defendant was sentenced to four years of imprisonment by the Seoul Central District Court for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (mediation, etc.), and the judgment became final and conclusive on September 26, 2017.

On June 28, 2017, around 08:50, the Defendant 2 Dong C of the Seoul detention center located in Anyang-ro 143, Jinyang-ro 143, the Defendant laid down the victim D (29 tax) and the long-term with the victim D(29 tax) in the same room, and carried out physical fighting with the victim’s flasing "humssssssssss, mentally ills, and mentally ills."

During that process, the injured party injured the defendant's shouldered the defendant's shoulder, making the victim's left face part of the victim's drinking, and caused the victim's injury around the left snow of the treatment days, and the victim injured the victim.

Summary of Evidence

1. Each police statement made by the defendant in relation to the defendant's legal statement E, F, and D;

1. Application of Acts and subordinate statutes to a work report, a written self-statement, a photograph of each collection, a criminal investigation report (a record of the duties of prisoners), and a criminal investigation report (a record of the confinement room conducted at the time of the case);

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same 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 of the Criminal Procedure Act is that the defendant satisfy with the victim and the victim deducteds his fingers from his fingers. The crime of injury in this case is a favorable situation where there is room for consideration of equity in relation to the relationship between the first head written in the judgment and the latter concurrent crimes, and the recognition of the crime is recognized.

However, it is not the case that the defendant committed an injury without being sentenced to punishment in the detention house because it becomes final and conclusive.

In addition to these circumstances, the sentencing conditions of this case, including the character, conduct, circumstances of crime and circumstances after crime, etc., shall be considered.

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