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(영문) 수원지방법원 평택지원 2013.08.16 2013고단542
상해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[criminal record] On November 28, 2007, the defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution as a result of the crime of bodily injury at the Daejeon District Court's Branch, Daejeon District Court's Branch, and was sentenced to three years and six months of imprisonment with prison labor on October 9, 2008, and the judgment became final and conclusive on January 20, 2009, and completed the execution of each of the above punishment at the Daejeon Prison on August 21, 2012.

【Criminal Facts】

On April 15, 2013, at around 20:55, the Defendant divided the victim D(50 years of age) into the Defendant’s female job-friendly E and singing stores on the street in front of Pyeongtaek-si, and took part in the victim’s chest on his hand, and took part in the victim’s hair one time, and took part in the victim’s hair one time to take part in the victim’s hair and take part in the victim’s hair for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. A medical certificate;

1. Before judgment: References to criminal records, investigation reports (Attachment of a copy of the judgment), and application of Acts and subordinate statutes of the individual inquiry and confinement;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act for the provisional payment order is two times the criminal defendant was sentenced to suspended sentence for the same kind of crime, and it is inevitable to punish him/her appropriately because he/she did not know even though he/she is a repeated crime period, and inflicted bodily injury on him/her by pushing ahead the victim with his/her head.

However, when the defendant recognizes the crime and agrees with the victim, or when she wishes to take a female living together in a singing room, she can take into account the circumstances where the drunk victim did not live together and led to an contingent crime while she did not live together, and multiple sentencing factors mentioned in the report of investigation before the judgment of the probation officer are stated.

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