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(영문) 부산지방법원 2019.10.24 2019고단4078

상해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On May 5, 2019, at around 04:40, the Defendant demanded death from the victim C (the age of 26) who was faced with the Defendant's happiness and shoulder on the first floor of the building B of the Dong-gu Busan Metropolitan City, the Defendant got off the face of the victim due to drinking, and put about six weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect against the accused and C;

1. Statement of each police statement related to C and D;

1. Investigation report (Attachment of CCTVs and receipts) (E-points and receipts);

1. A damaged photograph;

1. Application of Acts and subordinate statutes of an injury diagnosis certificate and diagnostic certificate;

1. Article 257 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (when suspension of execution of a sentence of imprisonment is invalidated or revoked);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. The sentencing guidelines are not applicable since the defendant was selected to apply the sentencing guidelines. 2. The sentencing guidelines are not applied in light of the following: (a) that the defendant who was sentenced to the sentencing has led to his confession of all crimes and divided his mistake; (b) that the victim's treatment expenses after prosecution have been fully reimbursed; (c) that the victim has agreed with the victim; (d) that the defendant has no criminal history; and (e) the defendant's age, academic background