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(영문) 전주지방법원 2018.01.11 2017고단1982
상해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a substitute driver, and the victim C(39 tax) is the owner of the D Kafa car.

On May 20, 2017, the Defendant: (a) around 23:15 on May 20, 2017, 103:3:5, the Defendant was on the front of the Samcheon-do, Samcheon-do, 107, which the Defendant was on the front of the Kacheon-do, in order to drive by proxy, the Kacheon-do, which was on the front of the said Kacheon-do, in front of the said Kacheon-do, in front of the said Kacheon-do.

"A vehicle walking the kick on the kick so that it can walk with the kick, pushed the body of the victim, breaking the body of the victim on the road, and turn the face and the body on the drinking, and the victim was injured by the hacker's escape from the hacket left-hand side that requires approximately four weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning C’s statement concerning the suspect interrogation protocol against the defendant

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of Acts and subordinate statutes, such as a photograph of damage, a medical certificate of injury, and a medical certificate (Evidence List No. 9);

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the degree of injury of the victim, and that the victim did not receive a written application, is disadvantageous.

However, there are favorable circumstances, such as the victim also has considerable responsibility for the occurrence of crime, the fact that the defendant deposited KRW 3 million for the victim, the fact that the defendant misleads the victim, recognized the defendant's mistake and reflects it, and the fact that there is no other force to commit any crime for a period of 20 years, so the defendant shall be punished by a fine, taking into account the above circumstances and various sentencing conditions, such as the defendant's age, sex, environment

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