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(영문) 부산지방법원 2016.06.24 2016고합312

특수상해등

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Criminal facts

On December 8, 2015, the Defendant, at around 07:30 on December 8, 2015, filed a dispute with the victim E (46 tax) on the ground that the D. P. P. D. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P.

The defendant continued to put the victim's body into a passenger car in spite of the defendant's restraint, and re-enters C again, and let the victim get the shoulder of the victim strong once in a car.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (to attach photographs of black stuffs and images);

1. Photographss of damaged bus booms;

1. Application of Acts and subordinate statutes governing damaged bus booms and video CDs;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which led to the instant crime in the course of a fighting match between the victim and C, by which the Defendant committed the instant crime.

However, according to the video recorded by the defendant who assaults the victim, the defendant's defense is difficult to accept in light of the following: (a) the defendant was not in an imminent situation at the time of his/her assault by taking the shoulder part of the victim by force; and (b) the defendant committed a dangerous act, such as raising the victim who resisted even thereafter, by taking the victim's hand, etc.

However, comprehensively taking into account the following factors: (a) the Defendant recognized his mistake; (b) the degree of the assault of this case is not much severe; (c) the Defendant has no record of criminal punishment heavier than suspended execution; and (d) the Defendant’s character, conduct and environment; (b) the motive, means and consequence of the crime; and (c) the conditions of sentencing specified in the argument