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(영문) 부산지방법원 동부지원 2017.09.14 2017고단1387

상해

Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On June 30, 2017, around 19:20, the Defendant: (a) reported that the victim D (68 years of age) was drinking alcohol in Busan Shipping Daegu B; (b) took a bath for the victim; (c) took a bath to the victim; and (d) made the victim’s breast part of the victim’s chest by the victim’s own hand, and (c) caused the victim to exceed the victim’s upper upper part of the victim’s chest, thereby causing an injury to the victim on the part of the treatment days, where the part of the upper part of the upper part of the upper part of the upper part of the upper part of the victim’s chest is teared.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 257 (1) of the Criminal Act and the selection of a fine concerning facts constituting an offense;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is committed by making the victim’s chest part of the chest part of the victim, thereby causing an injury to the victim on the number of days of treatment with tearing the left eye, and the crime is not considerably good, and the defendant can have the record of being punished as an act of violence, and in particular, on August 17, 2015, the Busan District Court sentenced the defendant to six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic by a driver) at the Busan District Court for the suspension of execution on August 25, 2015, which became final and conclusive on August 25, 2015, and committed the crime of this case during the suspension period.

However, it is favorable for the defendant to recognize the facts charged, such as the fact that the defendant seriously reflects the facts charged, the degree of injury of the victim is very heavy, the defendant appears to have committed a contingent crime by drinking, and the fact that the defendant has agreed with the victim.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - The crime of injury: violent crime group, general injury, type 1 (general injury), etc.: Provided, That this shall not apply.