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(영문) 대전지방법원 2018.07.06 2018고단1179
상해등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On November 23, 2017, the injured Defendant: (a) committed a dispute with the victim D (the victim D, 22 years of age) and drinking in Seo-gu Daejeon, Seo-gu, Daejeon on November 23, 2017; (b) committed an assault to the victim’s face; (c) assaulted him/her by putting his/her head debt on his/her hand and her hand, booming his/her head debt with his/her seat, scking him/her, thereby causing injury to the victim, such as the treatment of the victim’s number of days of treatment, by clarifying the details of the fright.

2. The Defendant interfered with the business of the victim E, by force, interfered with the victim E’s restaurant business by avoiding disturbances, such as cutting the table blicks, throwing a blick, etc., at the time and place specified in paragraph 1.

3. In the time and place specified in paragraph (1), the Defendant destroyed the victim’s property, such as setting up one stringer of the market price owned by the victim E, breaking up the market price, and making the stringer of the market price fall into the floor of a shot, thereby damaging the victim’s property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Written statements (E);

1. The scene of damage and photographs thereof;

1. Application of Acts and subordinate statutes to an investigation report (as a result of the execution of a warrant of search and inspection - injury father and disease verification);

1. Article 257 (1), Article 314 (1), Article 366 of the Criminal Act concerning facts constituting an offense, and Article 257 (1), Article 314 (1), and Article 366 of the same Act concerning the selection of fines;

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

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 has the history of having been punished several times for violent crimes. In particular, on July 11, 2017, the Daejeon District Court sentenced the Defendant to a suspended sentence of eight months for the commission of bodily injury, and on July 19, 2017, the said judgment became final and conclusive and conclusive on July 19, 2017, and thus, the Defendant committed the instant crime without being aware of it, and the nature of the instant crime is not good.

However, when a sentence of imprisonment in this case becomes final and conclusive, the sentence of suspension of execution becomes void.

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