beta
(영문) 창원지방법원 마산지원 2014.09.30 2014고단758

상해등

Text

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

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

Reasons

Punishment of the crime

On July 6, 2014, the Defendant: (a) around 14:00, the Defendant: (b) reported that the victim D(54 years of age) was under the influence of alcohol and was seated on his table when drinking and drinking in the Ccafeteria of Changwon-si B, Changwon-si; (c) but did not hear the horses; (d) led the victim to the outside of the restaurant and spread out of the restaurant so long as he was towed and pushed down.

As a result, the Defendant damaged the victim by putting the front eye of the left side of the treatment days and cutting the 85,000 Won of the market price where the victim was worn at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Articles 257 (1) and 366 of the Criminal Act applicable to the crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The reason for imposing selective fine is that there are many criminal records related to violence, and the defendant was released from prison to prison for the same kind of crime, and then again committed the principal offense during the period of repeated crime, thus, his responsibility is not minor.

However, considering the fact that the defendant repents his mistake in depth, the defendant's act simply leads the part of the victim out of the restaurant by cutting off the part of the victim, and then spreading the victim to the bottom of the restaurant, the circumstances are somewhat taken into account, the degree of damage is not much excessive, and the victim agreed with it.