(영문) 인천지방법원부천지원 2020.08.13 2020고단1717

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(영문) 인천지방법원부천지원 2020.08.13 2020고단1717

상해

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

around 23:00 on January 10, 2020, the Defendant, while drinking alcohol together with the victim C (the family name, the 36-year age), D, etc. that was known through the Internet small gathering in the vicinity of the Yancheon-si Station, Seocheon-si, the Defendant continued to drink alcohol by moving to the residence of the victim, along with the victim and D, at around 05:00 on the following day.

At around 07:00 on January 11, 2020, the Defendant, at the above victim’s residence, must work D and left the victim’s residence and left the victim’s residence, and when the Defendant left the victim’s body, he saw the victim’s stroke who strokes the victim’s stroke in the part of the victim’s body, and strokes the victim’s strokes in the part of the victim’s sexual act while playing the victim’s sexual act.

On January 11, 2020, at around 08:10, the Defendant: (a) diversed the arms he had the head of the victim, followed by his head; (b) diversed the neck of the victim; (c) diversed the body of the victim who did not seem to have any particular refusal response; (d) divided the part of the victim’s neck with his left hand, and (e) diversd the part of the victim’s neck, which requires treatment for about 14 days, and damaged the reputation of the part of the part of which detailed identification is required for treatment for about 14 days.

Summary of Evidence

1. Application of Acts and subordinate statutes to police officers' records of statement C to the defendant's legal statement, photographs of damaged parts of the statement, records of 112 reported cases (two copies), and records of injury diagnosis;

1. Relevant Article of the Criminal Act and Article 257(1) of the Criminal Act, the choice of a fine (including the fact that the defendant recognizes the crime of this case and reflects the fact that the defendant commits the crime of this case, the defendant has no power to sentence, and the defendant is under suspension of execution due to this previous case);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

참조조문

유사 판례

-부산지방법원 동부지원 2012.06.29 2012고합16

-청주지방법원 영동지원 2016.08.31 2016고합4

-의정부지방법원 2014.05.15 2014노7

-부산고등법원 2012.12.12.선고 2012노373 판결

-창원지방법원 2014.10.15 2014노772