beta
(영문) 부산지방법원 2015.05.21 2014고정3763

폭행등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On June 12, 2014, the Defendant was sentenced to two months of imprisonment with prison labor for an injury at the Busan District Court, and on August 14, 2014, the judgment became final and conclusive on August 14, 2014.

On March 27, 2014, around 19:00, the Defendant: (a) committed assault on the victim’s chest with the victim D (the age of 51) in Busan detention center C, which was located in the State of Busan, about 19:0 on March 27, 2014; (b) in the course of a dispute with the victim D, the victim took twice the part of the Defendant’s entrance with his/her hand; and (c) in response thereto, the victim abused the victim’s chest with his/her hand.

On December 7, 2011, the Defendant was sentenced to imprisonment with prison labor for homicide at the Busan High Court on December 7, 201, and the confiscation was finalized on February 9, 2012.

피고인은 2011. 7. 6. 14:00경 부산구치소 감정(101)병동의 침대가 2개 있는 E 빈방에서, 피해자 F(23세)의 가슴을 밀치고 왼손으로 피해자의 뺨을 때리자, 피해자가 주먹을 휘두르면서 서로 4~5회 가량 주먹이 상대방의 안면 부위를 오갔고, 이어 서로 몸을 붙잡고 양쪽 침대 위를 왔다갔다 하면서 침대 위에 나뒹굴며 싸웠다.

As a result, the defendant got a face that requires stability for about a week, and he was scambling for the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Each police suspect interrogation protocol against D or F;

1. The police statement of H;

1. Results of each CD (Evidence No. 5-1, 29) video reproduction;

1. Medical certificate (Evidence No. 18);

1. Previous records: Criminal records, written judgments, and application of the Acts and subordinate statutes governing the search of cases;

1. Relevant Article 260 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, the selection of each fine for the crime;

1. The latter part of Articles 37 and 39(1) of the Criminal Act (trade between the crime of bodily injury for which a judgment has become final and conclusive and the crime of bodily injury for which a judgment has become final and conclusive, and the crime of

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.