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(영문) 부산지방법원 2018.11.12 2018고정981

상해등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal records] On July 31, 2015, the Defendant was sentenced to a suspended sentence of three years in the year and June of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Cheongju District Court on July 31, 2015, and such judgment became final and conclusive August 8, 2015.

[Criminal facts]

1. On July 11, 201, the Defendant suffered injury: (a) within the main point of “C” located in Heakdong-gu Seoul Metropolitan City B and 2, and (b) the Defendant’s friendship-gu Victim E ( South, 44 years old) who drinks alcoholic beverages with D, a woman who was dead at the time, and (c) reported that “I will go to the public.”

“In doing so, on the ground that he was carrying the trial expenses, he was killed in the victim’s breath and boomed in the bottom by cutting down the breath of the victim’s breath, and spathing the victim’s right, and caused the victim to inflict an injury, such as an open wound, which requires approximately two weeks of medical treatment.

2. On February 22, 2014, around 23:00, the Defendant entered the “H” entertainment place operated by the victim G located in the Cheongju-si, Chungcheongbuk-si, and, on fact, the Defendant was aware that he would normally pay the alcohol value even though he/she did not have any means of payment such as cash, and was aware of the fact that he/she had no means of payment such as cash, and would have paid the alcohol value in a normal manner. In doing so, the Defendant acquired the alcohol and the alcohol equivalent to KRW 450,000, including 30 Cerriju and 2 Analju.

Summary of Evidence

1. Each police statement protocol with respect to E and G;

1. Photographs;

1. Complaint;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 347(1) of the Criminal Act (the point of fraud), and selection of each fine for a crime;

2. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

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

5. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;