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(영문) 서울중앙지방법원 2016.11.17 2016고단3605
상해
Text

1. The defendant shall be punished by a fine of four million won;

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

Reasons

Punishment of the crime

On March 21, 2016, the Defendant: (a) around 21:30 on March 21, 2016, the Defendant: (b) committed an injury on the part of the Victim G (the age of 63) by asking the second balance of the victim’s right, and making the second balance cut approximately 3cc, on the ground that the victim’s 2 balance of the right cuts around 56 days to the right for 56 days, while drinking alcohol together with drinking alcohol at the “F” singing in Seocho-gu Seoul, Seocho-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of two Acts and subordinate statutes in two written diagnosis of injury;

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

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

1. The sentencing guidelines do not apply to a case where the reasons for sentencing of Article 334(1) of the Criminal Procedure Act (the scope of recommended sentencing guidelines) (the scope of recommended sentencing guidelines) is chosen.

[Determination of sentence] In full view of the sentencing conditions shown in the trial process of this case, such as the Defendant’s age, character and conduct, family relationship, family environment, motive and means of crime, and circumstances after crime, the sentence is determined as ordered.

o Unfavorable circumstances: The degree of the exercise of violence is not easy.

In previous cases, there are criminal records which have been committed or punished several times for the same violent crime.

Although this case is a case, on June 23, 2015, the Seoul Northern District Court sentenced one year of suspended sentence to six months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Seoul Northern District Court on June 23, 2015, and the judgment was finalized on July 1, 2015.

Despite the fact, the crime of this case was committed without good faith.

o A favorable normal condition: A state in which the victim's injury has been completely completely cured so that there is no problem in daily life and labor.

In the process of the instant investigation, the victim and the victim have agreed smoothly with the victim, and the victim again complained against the defendant in the process of the instant trial.

criminal records of violence of the same kind.

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