beta
(영문) 부산지방법원 2017.12.07 2016고단7277

폭행등

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On November 3, 2016, 2016, the Defendant assaulted the victim, i.e., “C., while drinking alcohol in front of the shop,” from the victim D (66 years of age) who had drinking alcohol in front of the shop in Busan, Busan, Jin-gu, Busan, about November 3, 2016.

On November 4, 2016, the Defendant, around 11:20 on November 4, 2016, suffered from injury to the victim D (66 years of age) who was investigated by the police due to the previous assault case, and the victim's face while in the time of vision, the Defendant suffered from the injury that could not be known as the number of days of treatment due to the following: (a) the victim d (66 years of age) who was investigated by the police due to the assault case, and the victim d (66 years of age); (b) the victim's face due to drinking alcohol, and (c) the victim's h

Summary of Evidence

"2016 Highest 7277"

1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;

1. Photographs "2016 Highest 8472";

1. A protocol concerning the examination of partially the police officers of the accused;

1. A protocol concerning the examination of suspects of D;

1. Application of D's photographic Acts and subordinate statutes

1. Article 260(1) of the Criminal Act, Article 257(1) of the Criminal Act, the selection of fines for the crime, and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Defendant committed the instant crime, even though he/she had the same criminal history as the Defendant for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act, is disadvantageous to the Defendant.

In addition, in full view of the circumstances that are conditions for sentencing prescribed in Article 51 of the Criminal Act, such as the background, means and methods of the crime of this case, the circumstances after the crime, the age of the defendant, sexual conduct and environment, etc., and the records and arguments of this case, the punishment as ordered shall be determined.