(영문) 광주지방법원 2014.10.23 2014고정1314

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줄 간격

자간(%)

(영문) 광주지방법원 2014.10.23 2014고정1314

상해

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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

At around 10:00 on April 5, 2014, the Defendant brought the victim E (73 years of age) to attend a clan opened at the regular meeting of the general meeting of the shareholders, and committed assault, such as cutting the victim's neck into a so-called bitle and cutting the bitle in order to re-take the bitle and cutting the bitle, etc., which require approximately 14 days medical treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant (the second court date);

1. Police suspect interrogation protocol regarding E;

1. Results of the court’s video recordings verification;

1. An investigation report (related to the closure and attachment of CD production) - On-site photographs;

1. The written diagnosis of injury (E) (A) (A) the defendant and his defense counsel denied the fact of injury and the intention of injury, but comprehensively taking account of the evidence presented in the judgment, it may be sufficiently recognized that the defendant committed an act of assault, such as cutting and melting the victim's timber, etc. as stated in the judgment of the court, and that the defendant had awareness and intent to harm the victim's physiological function at the time of committing the crime in this case).

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. In full view of the following circumstances: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: (b) the Defendant committed the instant crime without being aware of the fact and degree of injury that the Defendant committed the instant crime; (c) the Defendant had been punished by a fine due to assault, etc. around 2012; and (d) the Defendant committed the instant crime without being aware of such fact; (d) equity with other similar cases; and (e) other similar cases, including the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and (e) the circumstances after the commission of the instant crime, etc.

참조조문

유사 판례

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