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(영문) 부산지방법원 2016.01.14 2015고정4582

상해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On August 2, 2015, the Defendant, at around 01:45, 01: (a) faced with the victim B (27 tax) in the “D main shop located in Busan District, Busan District; (b) brought a dispute with the victim; (c) was drinking once having a part of the left face of the said victim; (d) was shouldered with the left face of the said victim; and (e) was inflicted an injury on the victim, such as an open body of the fingers in need of medical treatment for about three weeks in drinking, and a part of the left part of the drinking part, having taken one time having a part of the snow around the snow.

2. The Defendant 1, at the entrance of the above main place, intending to fighting with the main place employees and body workers at the above main place of time, was killed by the victim E (22) who prevented the fighting, leading the said victim to drinking away from the body. In the above case, the Defendant 1 sustained the injury, such as the inside and the mouth of the body, which requires treatment for about four weeks, during the pertinent four weeks period.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant Article 257 of the Criminal Act and Article 257 (1) of the Criminal Act and the selection of fines for criminal facts;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 32(1) and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (limited to the defendant, but the scope of liability for damages is not clear only with the materials submitted by the applicant, and thus, it seems reasonable to recover damage through other legal remedies, such as civil action, since the applicant’s recovery from damage through civil action, etc.