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(영문) 대전지방법원 2017.01.20 2016고정1426
상해
Text

1. The defendant shall be punished by a fine of three hundred thousand won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is a person who resides in Seo-gu Daejeon apartment 101 Dong 1010, Seo-gu, Daejeon, and the victim D (59) is a person who serves as a security guard in the above apartment.

On June 6, 2016, the Defendant, at around 10:40 on June 6, 2016, brought the victim’s head one time by drinking the victim’s left arms among the disputes, on the ground that the victim did not clean the elevator.

The Defendant, in the presence of the apartment hall, has continuously expressed a desire to be called the "chrone" in front of the apartment hall, and had the face of drinking twice, and had the victim suffered bodily injury, such as flag damage and strawing of other parts that require approximately 2 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written complaint, a written injury diagnosis;

1. Application of the Act and subordinate statutes on Report of Investigation (Investigation of Witnesses in Name);

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are against the defendant, since an agreement is made with the victim, the injured person wants to take the defendant's preference against the defendant, the defendant's living alone and seems to have difficulty in living as an old age, and other circumstances, including the fact that the defendant has no criminal history after he was punished by a fine for 45 years, including the defendant's age, sexual behavior, family relation, etc., and all other circumstances constituting the conditions for sentencing as shown in the arguments, such as the defendant's age, sex, family relation, etc., shall be determined as ordered by the order.

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