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(영문) 대전지방법원 서산지원 2017.10.20 2017고단728
상해
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

On July 21, 2017, the Defendant returned home in front of the 'C' restaurant in Jin-si B, Jin-si around 19:40 on July 21, 2017, on the ground that the Defendant was required to calculate the drinking value from the victim D (43 tax) who is an employee to return home without calculating alcoholic beverages, and the Defendant saw the victim's balth hand with the left hand and carried the balth hand of the victim's 10 times with approximately 14 days of the victim's left hand, and caused the victim to undergo treatment for about 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to field photographs and written diagnosis of injury;

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. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserted that he was in a state of mental or physical weakness or loss by drinking at the time of committing the instant crime. Thus, according to the records, the Defendant was aware of drinking at the time of committing the instant crime, but in full view of the circumstances such as the background and result of the instant case, the Defendant’s behavior before and after committing the crime, it cannot be deemed that the Defendant did not have or lacks the ability to discern things or make decisions, and thus, the above assertion cannot be accepted.

The circumstances that are disadvantageous to the reasons for sentencing: The punishment shall be determined as ordered in consideration of all the conditions for sentencing, including the fact that the degree of injury to the victim is relatively less severe, the fact that the victim has agreed to do so, the fact that the defendant's age, sex, environment, relationship with the victim, circumstances leading to the crime, etc.

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