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(영문) 광주지방법원 목포지원 2018.02.23 2017고단1433
상해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Around September 19:50 on September 30, 2017, the Defendant heard the horses from the victim C (Woo, 70 years of age) to the effect that he/she is “I have to pay off the taxi expense” from the victim, and he/she saw the victim’s face, and caused two weeks of tobacco in his/her possession to be treated for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with respect to C or D;

1. Application of Acts and subordinate statutes to injury diagnosis certificates, CD 1 copies, copies of medical records, and medical certificates and records;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act has the history of being punished by a majority for the same kind of crime, and the fact that the defendant committed the instant crime during the suspended execution period for the same kind of crime is disadvantageous to the defendant, or that the defendant recognized the instant crime and reflects it, that the defendant seems to have caused the instant crime by contingency in the course of a dispute with the victim, that the defendant's assault and the degree of injury to the victim is minor, and that the defendant agreed with the victim is very minor, etc., considering the circumstances favorable to the defendant, the defendant's age, environment, sex behavior, motive and means of the instant crime, circumstances after the crime, etc., as well as all of the sentencing factors indicated in the record and the theory of change shall be determined as ordered by the Disposition.

Rejection of Public Prosecution

1. The Defendant, at the time, and place indicated in the facts charged as indicated in the judgment of the lower court, abused the victim by taking the victim’s neck by hand and pushing the victim’s neck.

2. The offense described in this part of the facts charged is an offense falling under Article 260(1) of the Criminal Act and may be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

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