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(영문) 대구지방법원 김천지원 2019.07.09 2019고단114
상해등
Text

Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

1. On September 18, 2018, the Defendant assaulted the victim C(the age of 19) at the 2 Dong Dong-dong, Kimcheon-si, Kimcheon-si, 1968, using the toilet cleaning in order to take advantage of the toilet cleaning in the middle of 18:10, 2018, and assaulted the victim’s head at a time when the victim C(the age of 19) took advantage of the toilet cleaning.

2. On November 10, 2018, the injured Defendant took a bath on the ground that the said victim did not go to the floor while standing with the prisoner at a place specified in paragraph (1) at around 17:40 on the ground that the said victim did not go to the floor, and the Defendant, by hand, took the victim’s scambling, scambling the victim’s scambling, scambling the part of the victim by drinking, and scambling the victim’s head with the victim’s head, resulting in the victim’s injury on the left-hand scamba, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. The application of Acts and subordinate statutes to investigation reports and opinions;

1. Relevant Article 260 (1) of the Criminal Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act, the selection of each fine for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 15 million won;

2. Application of the sentencing guidelines: The sentencing guidelines are not applicable as the Defendant selected a fine. 3. Considering that the Defendant’s decision on sentencing did not know himself/herself while serving the prison life and committed violent crimes against the victims of the same prison, and that there are many criminal records of the same kind, the Defendant’s liability is not somewhat weak.

However, since the beginning of the investigation, the defendant shows both recognition of and reflects on the crime, there is a relatively large room for improvement with the defendant's age, and the defendant.

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