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(영문) 서울중앙지방법원 2017.05.02 2017고단873
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 January 2, 2017, at around 07:30, the Defendant: (a) had sexual disputes with the victim D (29) who is a workplace partner in Jongno-gu Seoul, Jongno-gu, Seoul; (b) caused the victim’s head twice in his/her hands; and (c) led the victim to the misunderstanding of his/her head, thereby making it impossible for the victim to know the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A damaged photograph;

1. Application of Acts and subordinate statutes to each investigation report (investigation into shots, on-site CCTV investigations);

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 under Article 334(1) of the Criminal Procedure Act has the history of having been punished by violence several times, and the defendant again committed the crime of this case during the repeated crime period after the execution of imprisonment with prison labor was completed by obstructing the performance of official duties: Provided, That the punishment shall be determined in consideration of the fact that the degree of injury is not severe, that the injured person upon agreement with the victim does not want the punishment against the accused.

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