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(영문) 대전지방법원 2015.02.25 2014고정1866
상해
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

On November 25, 2014, the Defendant was sentenced to a suspended sentence of two years for the crime of obstruction of performance of official duties, etc. by the Daejeon District Court on June 25, 201, and the judgment became final and conclusive on December 3, 2014.

On July 31, 2014, at around 13:00 on July 31, 2014, the Defendant removed the victim E (35 years of age) face of the victim E (35 years of age) who performed drinking together, by taking into consideration the victim D (28 years of age) in the residence of the victim D (28 years of age) who performed drinking together, by taking into drinking, the victim D's face, knee of arms, and knee of the victim D's left side. The Defendant removed the victim E (35 years of age) by taking into drinking, and by taking the victim E's left part.

As a result, the defendant suffered injury to the victim D, such as the bellology of the non-treatment days, and the victim E in need of approximately 28 days medical treatment, respectively.

Summary of Evidence

1. Partial statement of the defendant (the purport that the defendant has entered the Republic of Korea by drinking D) (the fact that he has sold E);

1. Each legal statement of witness E and D;

1. Police suspect interrogation protocol regarding E;

1. Statement made to D by the police;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the written diagnosis of injury to E;

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

1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning concurrent crimes (the crimes such as obstruction of performance of official duties, etc. for which the judgment has become final and conclusive) and

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment of Crimes of Bodily Injury to E)

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of the applicable sentences] 15 million won or less of the fine [the decision of sentence] the defendant first attacked and fighted, the defendant has the record of having been suspended from indictment for the same kind of crime, and the defendant also suffered bodily injury, such as the bones bed, the bones bed, the bed, the bed, and so on. The defendant's age, occupation, and occupation.

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