beta
(영문) 부산지방법원 2019.02.20 2019고정72

상해

Text

1. The defendant shall be punished by a fine of 700,000 won;

2. If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 24, 2018, around 21:30, the Defendant, who parked in the parking lot of the “C” discount store located in the Busan FM (SM), was the victim D(22 years old) who was a school system in the Plaintiff’s EM5 car and the hospital’s pre-contract, and was the victim at the hand floor once, was the victim’s math, head car, and the victim was injured by approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

2. Statement made by the police against D;

3. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

2. Reasons for sentencing under Articles 70 (1) and 69 (2) of the Criminal Act to attract the workhouse.

1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won; and

2. In this case, the decision of sentence shall be that the defendant, at the time of the victim who was under the teaching system, has inflicted an injury on approximately two weeks of diagnosis, and the nature and circumstances of the crime are not good.

Due to the criminal act of the defendant, the victim seems to have suffered considerable shock and pain as well as physical damage.

Furthermore, the defendant seems to have been punished for violent crimes even before.

However, there are also favorable circumstances, such as the fact that the defendant seems to have committed the crime of this case contingently, the fact that he/she recognized his/her criminal act, that he/she agreed with the victim later, that he/she was subject to a fine, and that he/she did not have any history of having been sentenced to a fine heavier than that of a fine for other crimes.

The above points and other circumstances, such as the defendant's age, character and conduct, environment, family relationship, motive, method and consequence of the crime, and the circumstances after the crime, shall be determined as the sentence in the same manner as the disposition.