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(영문) 제주지방법원 2021.01.14 2020고단2598
상해
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

피고인은 2020. 8. 24. 23:20 경 서귀포시 B에 있는 ‘C’ 앞 노상에서 여동생을 나무라고 있던 중, 마침 길을 가 던 피해자 D( 남, 29세) 이 피고인이 여자를 폭행하는 것으로 생각하고 이를 말리려고 하는 것에 불만을 품고, 오른 손으로 피해자 얼굴을 1회 때린 후 머리로 얼굴을 수회 들이받고, 이어 계속하여 왼손과 오른손을 번갈아 사용하여 피해자의 얼굴을 수회 때리고, 오른발로 피해자의 얼굴을 찼다.

As a result, the Defendant placed on the victim a “closed coke in the bones,” which requires approximately four weeks of treatment, and around two weeks of treatment, “the left-hand lock in the face,” which requires approximately two weeks of treatment.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused’s legal statement protocol report (fence), 112 report processing table, related photographs, internal investigation report (Attachment to CCTV for blocking spirits installed at the scene of the incident), to the closure photographs of the CCTV for spirits, general medical certificate, and medical certificate;

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 crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order was committed by using violence to the victim for about four weeks, such as “a closed coke insular bones,” which requires approximately two weeks’ treatment, and “the left-hand lock ins,” which requires approximately two weeks’ treatment, and the crime’s nature is disadvantageous.

However, it is advantageous to the fact that the defendant recognized the facts charged, the degree of injury is not heavy, the defendant has no criminal record in addition to the punishment once for the crime of double species, and the defendant has agreed with the victim.

In addition, the defendant's age, sex, environment, means and results of crimes, and various sentencing conditions in the trial process of this case, such as the circumstances after the crime, are considered as the order.

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