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(영문) 대구지방법원 2018.04.13 2018고단27
상해등
Text

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

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

Reasons

Punishment of the crime

1. On October 31, 2017, the Defendant: (a) was parked in a passenger car parked near the home of the Victim C (Woo, 21 years old) located in Daegu-gu, Daegu-gu, Daegu-gu; (b) on October 31, 2017; and (c) did not have a car going to the string.

On the ground of “a false statement”, the head part in need of treatment between about 14 days was damaged by considering the face, number, etc. of the victim who is seated at the front of the tide.

2. Around 10:00 on the same day, the Defendant was required to open the entrance door before the victim’s house, but the victim did not open, opened a bend window and intruded into the residence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Relevant Article 257 (1) of the Criminal Act and Article 319 (1) of the Criminal Act concerning criminal facts, the choice of punishment, and Article 257 (1) of the Criminal Act;

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. The crime committed during the period of repeated crime, which was sentenced to imprisonment with prison labor for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act, and was committed during the period of repeated crime, and thus, a suspended sentence cannot be imposed in the instant case.

Considering the fact that the victim's injury is not excessive, that the victim is not subject to punishment on the condition of the payment of the agreed amount, that the defendant paid the amount in full, and that there is no record of punishment due to violent crimes, punishment by imprisonment is somewhat harsh, and thus, a fine of reasonable amount is imposed.

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